Matter of Felicia W. v. Chandler C., CAF 03-00600.

• Decision Date: 09 July 2004
• Docket Number: CAF 03-00600.
• Citation: 2004 NY Slip Op 05875,779 N.Y.S.2d 377,9 A.D.3d 830
• Parties: In the Matter of FELICIA W., Respondent, v. CHANDLER C., Appellant.
• Court: New York Supreme Court — Appellate Division

9 A.D.3d 830

779 N.Y.S.2d 377

2004 NY Slip Op 05875

In the Matter of FELICIA W., Respondent, v. CHANDLER C., Appellant.

CAF 03-00600.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 9, 2004.

Appeal from an order of the Family Court, Erie County (E. Jeannette Ogden, J.), entered March 4, 2003 in a proceeding pursuant to Family Ct Act article 8. The order of protection directed respondent to observe certain conditions of behavior.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this Family Ct Act article 8 proceeding seeking an order of protection. Family Court erred in determining that petitioner was entitled to an order of protection based on its finding that respondent committed acts that constituted harassment in the second degree. The court's finding is improperly predicated on facts not alleged in the petition (see Matter of Whittemore v Lloyd, 266 AD2d 305 [1999]; Matter of Anderson v Anderson, 25 AD2d 512 [1966]).

Present — Pigott, Jr., P.J., Gorski, Martoche, Lawton and Hayes, JJ.