Lina Y. v. Audra Z.

Appellate Division of the Supreme Court of New York

Lina Y. v. Audra Z.

122 A.D.3d 1084, 997 N.Y.S.2d 503

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

DecidedNovember 14, 2014

StatusPublished

Cited by1 cases

This text of 122 A.D.3d 1084 (Lina Y. v. Audra Z.) 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

Lina Y. v. Audra Z., 122 A.D.3d 1084, 997 N.Y.S.2d 503 (N.Y. Ct. App. 2014).

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Opinion

Garry, J.

Appeal from an order of the Family Court of Broome County (Charnetsky, J.), entered January 8, 2013, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 8, for an order of protection.

Respondent (hereinafter the mother) has two daughters (born [1085]*1085in 1994 and 1998). In May 2012, the mother was temporarily hospitalized for treatment of mental health issues. During her absence, the daughters and family pets stayed with petitioner, the mother’s sister (hereinafter the aunt), and the aunt’s husband (hereinafter the uncle) and remained with them following the mother’s release from the hospital. In June 2012, the aunt and uncle commenced separate proceedings against the mother on behalf of themselves and the daughters, alleging that the mother had harassed them by making frequent phone calls and by removing one of the pets. After issuing temporary orders of protection and conducting a hearing, Family Court granted the aunt’s petition, found that the mother had committed a family offense, issued a one-year order of protection in favor of the aunt, the uncle and the younger daughter, and dismissed the uncle’s petition without prejudice.

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Garry, J.

Appeal from an order of the Family Court of Broome County (Charnetsky, J.), entered January 8, 2013, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 8, for an order of protection.

Respondent (hereinafter the mother) has two daughters (born [1085]*1085in 1994 and 1998). In May 2012, the mother was temporarily hospitalized for treatment of mental health issues. During her absence, the daughters and family pets stayed with petitioner, the mother’s sister (hereinafter the aunt), and the aunt’s husband (hereinafter the uncle) and remained with them following the mother’s release from the hospital. In June 2012, the aunt and uncle commenced separate proceedings against the mother on behalf of themselves and the daughters, alleging that the mother had harassed them by making frequent phone calls and by removing one of the pets. After issuing temporary orders of protection and conducting a hearing, Family Court granted the aunt’s petition, found that the mother had committed a family offense, issued a one-year order of protection in favor of the aunt, the uncle and the younger daughter, and dismissed the uncle’s petition without prejudice.

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Bluebook (online)

122 A.D.3d 1084, 997 N.Y.S.2d 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lina-y-v-audra-z-nyappdiv-2014.

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