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

CourtNew York Supreme Court Appellate Division
Citation2004 NY Slip Op 05875,779 N.Y.S.2d 377,9 A.D.3d 830
Docket NumberCAF 03-00600.
PartiesIn the Matter of FELICIA W., Respondent, v. CHANDLER C., Appellant.
Decision Date09 July 2004
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.

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3 practice notes
  • Robles v. Dennison, No. 05–CV–0428(VEB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • October 13, 2010
    ...Fourth Department, of New York State Supreme Court, unanimously affirmed the decision on appeal. Robles v. Travis, 9 A.D.3d 919, 779 N.Y.S.2d 377 (4th Dept.2004). The New York Court of Appeals denied leave to appeal on October 21, 2004. Robles v. Travis, 3 N.Y.3d 610, 786 N.Y.S.2d 813, 820 ......
  • Ferratella v. Thomas, 296
    • United States
    • New York Supreme Court Appellate Division
    • June 28, 2019
    ...( Matter of Anderson v. Anderson , 25 A.D.2d 512, 512, 267 N.Y.S.2d 75 [1st Dept. 1966] ; see Matter of Felicia W. v. Chandler C. , 9 A.D.3d 830, 830, 779 N.Y.S.2d 377 [4th Dept. 2004] ). Despite the court's error in considering conduct not alleged in the petition, we nevertheless conclude ......
  • Chilbert v. Soler
    • United States
    • New York Supreme Court Appellate Division
    • October 1, 2010
    ...that the court based its determination on facts not alleged in the family offense petition ( cf. Matter of Felicia W. v. Chandler C., 9 A.D.3d 830, 779 N.Y.S.2d 377). Rather, a fair preponderance of the credible evidence77 A.D.3d 1407supports the court's determination sustaining the allegat......
3 cases
  • Robles v. Dennison, No. 05–CV–0428(VEB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • October 13, 2010
    ...Fourth Department, of New York State Supreme Court, unanimously affirmed the decision on appeal. Robles v. Travis, 9 A.D.3d 919, 779 N.Y.S.2d 377 (4th Dept.2004). The New York Court of Appeals denied leave to appeal on October 21, 2004. Robles v. Travis, 3 N.Y.3d 610, 786 N.Y.S.2d 813, 820 ......
  • Ferratella v. Thomas, 296
    • United States
    • New York Supreme Court Appellate Division
    • June 28, 2019
    ...( Matter of Anderson v. Anderson , 25 A.D.2d 512, 512, 267 N.Y.S.2d 75 [1st Dept. 1966] ; see Matter of Felicia W. v. Chandler C. , 9 A.D.3d 830, 830, 779 N.Y.S.2d 377 [4th Dept. 2004] ). Despite the court's error in considering conduct not alleged in the petition, we nevertheless conclude ......
  • Chilbert v. Soler
    • United States
    • New York Supreme Court Appellate Division
    • October 1, 2010
    ...that the court based its determination on facts not alleged in the family offense petition ( cf. Matter of Felicia W. v. Chandler C., 9 A.D.3d 830, 779 N.Y.S.2d 377). Rather, a fair preponderance of the credible evidence77 A.D.3d 1407supports the court's determination sustaining the allegat......

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