Lashlee v. Lashlee
| Decision Date | 07 December 2016 |
| Parties | In the Matter of Samuel M. LASHLEE, petitioner-appellant, v. Deborah M. LASHLEE, respondent; Ryan L. (Anonymous), et al., nonparty-respondents. |
| Court | New York Supreme Court — Appellate Division |
145 A.D.3d 723
43 N.Y.S.3d 419
2016 N.Y. Slip Op. 08233
In the Matter of Samuel M. LASHLEE, petitioner-appellant,
v.
Deborah M. LASHLEE, respondent;
Ryan L. (Anonymous), et al., nonparty-respondents.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 7, 2016.
Joseph Petito, Poughkeepsie, NY, for petitioner-appellant.
Diane P. Foley, Wappingers Falls, NY, attorney for the children, the nonparty-respondents.
Salvatore C. Adamo, New York, NY, for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, JEFFREY A. COHEN, and ROBERT J. MILLER, JJ.
Appeals by the father from (1) an order of the Family Court, Dutchess County (Joseph A. Egitto, J.), dated September 30, 2015, and (2) an order of that court dated October 5, 2015. The order dated September 30, 2015, insofar as appealed from, granted that branch of the children's motion which was pursuant to CPLR 3211(a)(7) to dismiss so much of the father's family offense petition as alleged that the mother committed acts constituting the family offense of reckless endangerment in the second degree. The order dated October 5, 2015, vacated a temporary order of protection dated August 21, 2015.
ORDERED that the order dated September 30, 2015, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
ORDERED that the order dated October 5, 2015, is affirmed, without costs or disbursements.
The parties are divorced and have two children together. In August 2015, during the pendency of the divorce action, the father commenced this family offense proceeding against the mother alleging that on one occasion, she was operating a minivan in which the children were passengers when, upon being informed by the children, who "were afraid," that one of the doors of the vehicle was open, she drove to the "next stop" and closed the door. On August 21, 2015, the Family Court issued a temporary order of protection on behalf of the children. Thereafter, the children moved pursuant to CPLR 3211(a)(7) to dismiss the petition for failure to state a cause of action. In an order dated September
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