Matter of Wagner v. Czerwinski

Appellate Division of the Supreme Court of New York

Matter of Wagner v. Czerwinski

2017 NY Slip Op 6949, 154 A.D.3d 693, 60 N.Y.S.3d 832

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

DecidedOctober 4, 2017

Docket2017-01220

StatusPublished

This text of 2017 NY Slip Op 6949 (Matter of Wagner v. Czerwinski) 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

Matter of Wagner v. Czerwinski, 2017 NY Slip Op 6949, 154 A.D.3d 693, 60 N.Y.S.3d 832 (N.Y. Ct. App. 2017).

Pincite

Opinion

Appeal by the petitioner from an order of the Family Court, Queens County (Diane Costanzo, J.), dated December 14, 2016. The order, after a hearing, dismissed the petition alleging that Adam J. Czerwinski violated an order of protection.

Ordered that the order is affirmed, without costs or disbursements.

The petitioner commenced this proceeding pursuant to Family Court Act article 8, alleging that Adam J. Czerwinski violated the terms of an order of protection. After a hearing, the Family Court dismissed the petition. The petitioner appeals.

The Family Court properly dismissed the petition alleging that Czerwinski violated the order of protection, as the petitioner failed to establish that Czerwinski had knowledge of the order of protection, which was issued on his default (see Matter of Huff v Smikle, 110 AD3d 996, 996-997 [2013]).

The petitioner’s remaining contentions are without merit.

Mastro, J.R, Leventhal, Maltese and Brathwaite Nelson, JJ., concur.

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