Paliani v. Selapack

• Citation: 112 N.Y.S.3d 670 (Mem),178 A.D.3d 1425
• Decision Date: 20 December 2019
• Docket Number: CAF 18–01010,1156
• Parties: In the Matter of Nicholas PALIANI, Petitioner–Respondent, v. Stephanie SELAPACK, Respondent–Appellant. (Appeal No. 1.)
• Court: New York Supreme Court Appellate Division

178 A.D.3d 1425
112 N.Y.S.3d 670 (Mem)

In the Matter of Nicholas PALIANI, Petitioner–Respondent,
v.
Stephanie SELAPACK, Respondent–Appellant. (Appeal No. 1.)

1156
CAF 18–01010

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

Entered: December 20, 2019

CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT–APPELLANT.

BRIDGET L. FIELD, ROCHESTER, FOR PETITIONER–RESPONDENT.

AUDREY ROSE HERMAN, BUFFALO, ATTORNEY FOR THE CHILD.

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, NEMOYER, AND WINSLOW, JJ.

112 N.Y.S.3d 671

MEMORANDUM AND ORDER

178 A.D.3d 1425

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: In appeal No. 1, respondent mother appeals from an order of protection issued in a proceeding pursuant to Family Court Act article 8 upon a finding that she committed a family offense. In appeal No. 2, the mother appeals from an order entered in a custody proceeding pursuant to Family Court Act article 6 determining that she willfully violated an order of custody. Both orders provided that the mother would have only supervised visitation with the subject child.

With respect to appeal No. 1, we reject the mother's contention that petitioner father failed to establish by a preponderance of the evidence that the mother committed the family offense of aggravated harassment in the second degree (see Matter of Clausell v. Salame, 156 A.D.3d 1401, 1402, 65 N.Y.S.3d 873 [4th Dept. 2017] ; Matter of Parameswar v. Parameswar, 109 A.D.3d 473, 474, 970 N.Y.S.2d 793 [2d Dept. 2013] ; see also Family Ct Act § 832 ; Penal Law § 240.30[1][a] ). The father testified that, after Family Court

178 A.D.3d 1426

issued a decision granting him sole custody of the child, the mother called him and told him that if he took the child away from her, she would kill herself and the child. While the mother denied the allegation, the court...