Daoud v. Daoud
| Decision Date | 21 February 2012 |
| Parties | In the Matter of Wafa H. DAOUD, respondent, v. Bashir Haj DAOUD, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
William C. McCulloh, P.C., West Babylon, N.Y., for appellant.
Wafa H. Daoud, Wantagh, N.Y., respondent pro se.
In a family offense proceeding pursuant to Family Court Act article 8, Bashir Haj Daoud appeals from an order of protection of the Family Court, Nassau County (Zimmerman, J.), dated June 6, 2011, which, after a hearing, and, in effect, upon a finding that he had committed a family offense, directed him, inter alia, to stay away from the petitioner until and including June 5, 2012.
ORDERED that the order of protection is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed.
The allegations in a family offense proceeding seeking the issuance of an order of protection must be “supported by a fair preponderance of the evidence” (Family Ct. Act § 832; see Matter of Aruti v. Aruti, 88 A.D.3d 700, 701, 930 N.Y.S.2d 481; Matter of Ungar v. Ungar, 80 A.D.3d 771, 915 N.Y.S.2d 614; Matter of Pearlman v. Pearlman, 78 A.D.3d 711, 712, 911 N.Y.S.2d 87; Matter of Thomas v. Thomas, 72 A.D.3d 834, 835, 898 N.Y.S.2d 495). “Only competent, material and relevant evidence may be admitted in a fact-finding hearing” (Family Ct. Act § 834; see Matter of Belinda YY. v. Lee ZZ., 74 A.D.3d 1394, 1395, 903 N.Y.S.2d 568).
Here, the evidence submitted in support of the petition consisted solely of inadmissible hearsay. The petitioner therefore failed to establish the allegations in the petition by competent evidence ( see Family Ct. Act § 834; Matter of Belinda YY. v. Lee ZZ., 74 A.D.3d at 1395, 903 N.Y.S.2d 568; Dorene L. v. Dhaneswar R., 29 Misc.3d 462, 906 N.Y.S.2d 871, affd. 89 A.D.3d 428, 931 N.Y.S.2d 862). Accordingly, the order of protection must be reversed, the petition denied, and the proceeding dismissed.
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