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In the Matter of Hassett v. Hassett

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 2004
4 A.D.3d 527 (N.Y. App. Div. 2004)

Opinion

2003-06086.

Decided February 23, 2004.

In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals from an order of the Family Court, Nassau County (Lawrence, J.), dated June 4, 2003, which, inter alia, after a hearing, granted a three-year order of protection to the wife and the parties' two children.

John DiMascio, Garden City, N.Y. (Jeffrey S. Chang of counsel), for appellant.

Bruce A. Smirti, P.C., Garden City, N.Y., for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., ROBERT W. SCHMIDT, BARRY A. COZIER and WILLIAM F. MASTRO, JJ.


DECISION ORDER

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

Under the facts of this case, the Family Court's failure to hold a dispositional hearing does not require reversal ( see Matter of Dabbene v. Dabbene, 297 A.D.2d 812, 813; Matter of Annie C. v. Marcellus W., 278 A.D.2d 177; Matter of Quintana v. Quintana, 237 A.D.2d 130; cf. Matter of Alice C. v. Joseph C., 212 A.D.2d 698). Moreover, the Family Court's finding that aggravating circumstances were present, justifying extending the order of protection to three years, is supported by the record ( see Matter of Mawhirt v. Mawhirt, 241 A.D.2d 524; Matter of Reilly v. Reilly, 254 A.D.2d 361, 362).

The husband's remaining contentions are without merit.

KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.


Summaries of

In the Matter of Hassett v. Hassett

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 2004
4 A.D.3d 527 (N.Y. App. Div. 2004)
Case details for

In the Matter of Hassett v. Hassett

Case Details

Full title:IN THE MATTER OF ALLISON E. HASSETT, respondent, v. CHRISTOPHER A…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 23, 2004

Citations

4 A.D.3d 527 (N.Y. App. Div. 2004)
771 N.Y.S.2d 720

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