Matter of Yevtushenko v. Byvalets

Appellate Division of the Supreme Court of New York

Matter of Yevtushenko v. Byvalets

121 A.D.3d 913, 994 N.Y.S.2d 663

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

DecidedOctober 15, 2014

Docket2014-00167

StatusPublished

This text of 121 A.D.3d 913 (Matter of Yevtushenko v. Byvalets) 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 Yevtushenko v. Byvalets, 121 A.D.3d 913, 994 N.Y.S.2d 663 (N.Y. Ct. App. 2014).

Pincite

Opinion

In a family offense proceeding pursuant to Family Court Act article 8, in which the petitioner alleged that the respondent violated an order of protection, the petitioner appeals from an order of the Supreme Court, Kings County (IDV part) (Henry, J.), dated December 16, 2013, which, without a hearing, dismissed the violation petition.

Ordered that the order is reversed, on the law, without costs or disbursements, the violation petition is reinstated, and the matter is remitted to the Family Court, Kings County, for a hearing and a new determination of the violation petition thereafter.

The petitioner commenced this proceeding alleging that the respondent violated an order of protection by engaging in certain conduct on September 12, 2013. The Supreme Court summarily dismissed the petition on the ground that there was no order of protection in effect on September 12, 2013. As the petitioner correctly contends, this was erroneous, as there was a temporary order of protection in effect on that date. Accordingly, we reverse the order appealed from and remit the matter to the Supreme Court, Kings County, for a hearing and a new determination of the violation petition thereafter (see Matter of Tyler v Wright, 119 AD3d 595 [2014]).

Mastro, J.E, Chambers, Sgroi and LaSalle, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a family offense proceeding pursuant to Family Court Act article 8, in which the petitioner alleged that the respondent violated an order of protection, the petitioner appeals from an order of the Supreme Court, Kings County (IDV part) (Henry, J.), dated December 16, 2013, which, without a hearing, dismissed the violation petition.

Ordered that the order is reversed, on the law, without costs or disbursements, the violation petition is reinstated, and the matter is remitted to the Family Court, Kings County, for a hearing and a new determination of the violation petition thereafter.

The petitioner commenced this proceeding alleging that the respondent violated an order of protection by engaging in certain conduct on September 12, 2013. The Supreme Court summarily dismissed the petition on the ground that there was no order of protection in effect on September 12, 2013. As the petitioner correctly contends, this was erroneous, as there was a temporary order of protection in effect on that date. Accordingly, we reverse the order appealed from and remit the matter to the Supreme Court, Kings County, for a hearing and a new determination of the violation petition thereafter (see Matter of Tyler v Wright, 119 AD3d 595 [2014]).

Mastro, J.E, Chambers, Sgroi and LaSalle, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

121 A.D.3d 913, 994 N.Y.S.2d 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-yevtushenko-v-byvalets-nyappdiv-2014.

Opinion

Related

Cite This Page — Counsel Stack