Lashlee v. Lashlee
| Decision Date | 09 May 2018 |
| Docket Number | 2016–09873,Docket No. O–1996–16 |
| Parties | In the Matter of Samuel M. LASHLEE, appellant, v. Deborah M. LASHLEE, respondent. |
| Court | New York Supreme Court — Appellate Division |
161 A.D.3d 865
76 N.Y.S.3d 228
In the Matter of Samuel M. LASHLEE, appellant,
v.
Deborah M. LASHLEE, respondent.
2016–09873
Docket No. O–1996–16
Supreme Court, Appellate Division, Second Department, New York.
Submitted - February 13, 2018
May 9, 2018
Joseph Petito, Poughkeepsie, NY, for appellant.
Salvatore C. Adamo, New York, NY, for respondent.
Diane P. Foley, Wappingers Falls, NY, attorney for the children.
ALAN D. SCHEINKMAN, P.J., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Dutchess County (Joseph A. Egitto, J.), entered August 29, 2016. The order, insofar as appealed from, granted those branches of the respondent's motion which were pursuant to CPLR 3211(a)(7) to dismiss so much
of the family offense petition as alleged that she committed acts constituting the family offenses of harassment in the first and second degrees.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The parties are divorced and have two children together. In April 2016, during the pendency of the divorce action, the petitioner (hereinafter the father) commenced this family offense proceeding against the respondent (hereinafter the mother), alleging that the youngest child "came running over to him, yelling at [him], Mommy said you're nothing but a liar, you don't have a job" and, on another occasion, stated "Mommy said that you kidnapped my brother." The petition alleged, inter alia, that these acts constituted the family offenses of harassment in the first and second degrees. Thereafter, the mother moved, inter alia, pursuant to CPLR 3211(a)(7) to dismiss so much of the petition as alleged that she had committed acts constituting those two family offenses. The Family Court, inter alia, granted those branches of the motion. The father appeals.
In a family offense proceeding, the petitioner has the burden of establishing the offense...
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