Opinion
14360 Dkt. No. O-20839/19 Case No. 2020-03957
10-14-2021
In the Matter of FLORENTINE G.O., Petitioner-Appellant v. BENOIT G., Respondent-Respondent.
Beth E. Goldman, New York Legal Assistance Group, New York (Rachel Lieb of counsel), for appellant. Larry S. Bachner, New York, for respondent.
Beth E. Goldman, New York Legal Assistance Group, New York (Rachel Lieb of counsel), for appellant.
Larry S. Bachner, New York, for respondent.
Gische, J.P., Moulton, Gonza´lez, Kennedy, Scarpulla, JJ.
Order, Family Court, Bronx County (Ariel D. Chesler, J.), entered on or about July 10, 2020, which granted respondent's motion for summary judgment dismissing the family offense petition based on diplomatic immunity, unanimously affirmed, without costs.
Respondent demonstrated his entitlement to diplomatic immunity under article 31 of the Vienna Convention on Diplomatic Relations ( 23 UST 3227 ) (see Matter of Terrence K. [Lydia K.], 135 A.D.2d 857, 522 N.Y.S.2d 949 [2d Dept. 1987] ). The documents submitted by respondent, including a document by an official of the United States Mission to the United Nations certifying certain facts and his diplomatic identification card issued by the United States Department of State, establish that, as First Secretary to the Permanent Mission of the Republic of Congo to the United Nations, he was entitled to both criminal and civil immunity (see 22 USC § 254d ; Firemen's Ins. Co. of Washington D.C. v. Onwualia, 1994 WL 706994, at *1–3, 1994 U.S. Dist LEXIS 18329 [S.D.N.Y.1994] ). The court providently exercised its discretion in considering the identification card proffered in reply, since it was submitted in response to an argument raised by petitioner, and petitioner was provided with an opportunity to submit sur-reply papers addressing the new submission.
We have reviewed the parties’ remaining contentions and find them unavailing.