LANZAFAME, JENNIFER L. v. JONES, JR., ROBERT A.

Appellate Division of the Supreme Court of New York

LANZAFAME, JENNIFER L. v. JONES, JR., ROBERT A.

121 A.D.3d 1598, 992 N.Y.S.2d 920

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

DecidedOctober 3, 2014

DocketCAF 13-01662

StatusPublished

This text of 121 A.D.3d 1598 (LANZAFAME, JENNIFER L. v. JONES, JR., ROBERT A.) 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

LANZAFAME, JENNIFER L. v. JONES, JR., ROBERT A., 121 A.D.3d 1598, 992 N.Y.S.2d 920 (N.Y. Ct. App. 2014).

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Opinion

Appeal from an order of the Family Court, Onondaga County (Thomas Benedetto, Ref.), entered July 22, 2013 in a proceeding pursuant to Family Court Act article 8. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from an order dismissing her Family Court Act article 8 petition alleging that respondent willfully violated an order of protection directing him to stay away from petitioner. We affirm. Contrary to petitioner’s contention, she failed to establish by clear and convincing evidence that respondent willfully violated the terms of the order of protection (cf. Matter of Mary Ann YY. v Edward YY., 100 AD3d 1253, 1254 [2012]).

Present — Smith, J.P, Peradotto, Valentino, Whalen and DeJoseph, JJ.

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Appeal from an order of the Family Court, Onondaga County (Thomas Benedetto, Ref.), entered July 22, 2013 in a proceeding pursuant to Family Court Act article 8. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from an order dismissing her Family Court Act article 8 petition alleging that respondent willfully violated an order of protection directing him to stay away from petitioner. We affirm. Contrary to petitioner’s contention, she failed to establish by clear and convincing evidence that respondent willfully violated the terms of the order of protection (cf. Matter of Mary Ann YY. v Edward YY., 100 AD3d 1253, 1254 [2012]).

Present — Smith, J.P, Peradotto, Valentino, Whalen and DeJoseph, JJ.

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121 A.D.3d 1598, 992 N.Y.S.2d 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanzafame-jennifer-l-v-jones-jr-robert-a-nyappdiv-2014.

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