Klemes v. Sohnen

Appellate Division of the Supreme Court of New York

Klemes v. Sohnen

32 A.D.2d 935, 303 N.Y.S.2d 533, 1969 N.Y. App. Div. LEXIS 3410

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 7, 1969

StatusPublished

Cited by2 cases

This text of 32 A.D.2d 935 (Klemes v. Sohnen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Klemes v. Sohnen, 32 A.D.2d 935, 303 N.Y.S.2d 533, 1969 N.Y. App. Div. LEXIS 3410 (N.Y. Ct. App. 1969).

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Opinion

Appeal from an order of the Family Court, at a term held in New York County for Kings County, dated February 4, 1969, which transferred the proceeding from that court to the Criminal Court of the City of New York, County of Kings. Order affirmed, without costs. In our opinion the order is a final order which is appealable as of right under section 1012 of the Family Court Act (Matter of Geraldine B. [Anonymous] v. Louis B. [Anonymous], 32 A D 2d 808). We are also of the view, however, that the alleged assault committed by appellant, the father-in-law of petitioner’s daughter, on petitioner, the mother-in-law of appellant’s son, was not a family offense under article 8 of the Family Court Act. The parties did not reside together; and in our opinion they were not “members of the same family or household” within the meaning of section 812 of said statute (cf. People v. Williams, 24 N Y 2d 274). The question is one which this court may consider de novo, despite a contrary determination by another Judge of the Family Court (cf. Walker v. Gerli, 257 App. Div. 249, 251; Rothouse v. Association of Lake Mohegan Park Prop. Owners, 15 A D 2d 739). Beldock, P. J., Christ, Brennan, Hopkins and Martuseello, JJ., concur.

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Appeal from an order of the Family Court, at a term held in New York County for Kings County, dated February 4, 1969, which transferred the proceeding from that court to the Criminal Court of the City of New York, County of Kings. Order affirmed, without costs. In our opinion the order is a final order which is appealable as of right under section 1012 of the Family Court Act (Matter of Geraldine B. [Anonymous] v. Louis B. [Anonymous], 32 A D 2d 808). We are also of the view, however, that the alleged assault committed by appellant, the father-in-law of petitioner’s daughter, on petitioner, the mother-in-law of appellant’s son, was not a family offense under article 8 of the Family Court Act. The parties did not reside together; and in our opinion they were not “members of the same family or household” within the meaning of section 812 of said statute (cf. People v. Williams, 24 N Y 2d 274). The question is one which this court may consider de novo, despite a contrary determination by another Judge of the Family Court (cf. Walker v. Gerli, 257 App. Div. 249, 251; Rothouse v. Association of Lake Mohegan Park Prop. Owners, 15 A D 2d 739). Beldock, P. J., Christ, Brennan, Hopkins and Martuseello, JJ., concur.

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Bluebook (online)

32 A.D.2d 935, 303 N.Y.S.2d 533, 1969 N.Y. App. Div. LEXIS 3410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klemes-v-sohnen-nyappdiv-1969.

Opinion

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