Lopez v. Lucas

• Decision Date: 26 June 2013
• Parties: In the Matter of Bernadette LOPEZ, respondent, v. Llewellyn LUCAS, appellant.
• Court: New York Supreme Court — Appellate Division

107 A.D.3d 995
966 N.Y.S.2d 878
2013 N.Y. Slip Op. 04807

In the Matter of Bernadette LOPEZ, respondent,
v.
Llewellyn LUCAS, appellant.

Supreme Court, Appellate Division, Second Department, New York.

June 26, 2013.

Joel Borenstein, Brooklyn, N.Y., for appellant.

Christopher J. Robles, Brooklyn, N.Y., for respondent.

[107 A.D.3d 995]In a family offense proceeding pursuant to Family Court Act article 8, Llewellyn Lucas appeals from an order of protection of the Family Court, Richmond County (Oakes, Ct.Atty.Ref.), dated May 23, 2012, which, after a fact-finding hearing, and upon a finding, in effect, that he committed the family offenses of attempted assault, assault, aggravated harassment, harassment, disorderly conduct, menacing, reckless endangerment, stalking, and criminal mischief, directed him, inter alia, to stay away from the petitioner and to refrain from communicating with her for a period of 18 months.

ORDERED that the order of protection is affirmed, without costs or disbursements.

Contrary to the appellant's contention, under the circumstances of this case, including the unchallenged finding of the Family Court that the appellant choked the petitioner, the Family Court providently exercised its discretion in directing the appellant to stay away from the petitioner and to refrain from communicating with her for a period of 18 months ( see Family Ct. Act § 842; [107 A.D.3d 996]Matter of Richardson v. Richardson, 80 A.D.3d 32, 44, 910 N.Y.S.2d 149;Matter of Dell'Isola v. Dell'Isola, 19 A.D.3d 488, 488–489, 796 N.Y.S.2d 242;Matter of Valentin v. Carrero, 12 A.D.3d 522, 522, 783 N.Y.S.2d 869;Matter of Betz v. Betz, 241 A.D.2d 519, 535, 661 N.Y.S.2d 534;see also Matter of Gonzalez v. Acosta, 73 A.D.3d 921, 922, 901 N.Y.S.2d 332).

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.