Opinion
2011-12-13
In the Matter of Frederick LITTLE, appellant, v. Sandye RENZ, respondent.
Carol Kahn, New York, N.Y., for appellant. Karen P. Simmons, Brooklyn, N.Y. (Heather Kalachman and Barbara Dildine of counsel), attorney for the children.
Carol Kahn, New York, N.Y., for appellant. Karen P. Simmons, Brooklyn, N.Y. (Heather Kalachman and Barbara Dildine of counsel), attorney for the children.
In a family offense proceeding pursuant to Family Court Act article 8, the father appeals from an order of the Family Court, Kings County (Graham, J.), dated December 22, 2010, which, without a hearing, denied his petition and dismissed the proceeding, without prejudice to renew.
ORDERED that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.
A proceeding pursuant to article eight of the Family Court Act is originated by the filing of a petition containing, among other things, an allegation that the respondent committed an enumerated family offense ( see Family Ct. Act §§ 812[1], 821[1][a] ). As a general matter, the factual allegations in a pleading must be “sufficiently particular to give the court and parties notice of the transactions, occurrences, or series of transactions or occurrences, intended to be proved and the material elements of each cause of action or defense” (CPLR 3013; see Family Ct. Act § 165; Matter of Bohlman v. Bohlman, 114 A.D.2d 845, 495 N.Y.S.2d 149).
Here, the petition was not “a vague and conclusory repetition of the statutory language” ( Victoria T. Enters., Inc. v. Charmer Indus., Inc., 63 A.D.3d 1698, 1698, 881 N.Y.S.2d 570), inasmuch as it alleged specific acts committed at identified places and times, which, if proven, would constitute a family offense ( cf. Matter of Davis v. Venditto, 45 A.D.3d 837, 838, 846 N.Y.S.2d 365; Matter of Morisseau v. Morisseau, 27 A.D.3d 651, 652, 810 N.Y.S.2d 902; Matter of Vasciannio v. Nedrick, 305 A.D.2d 420, 421, 758 N.Y.S.2d 534; Matter of Brennan v. Anesi, 283 A.D.2d 693, 694–695, 724 N.Y.S.2d 129; Matter of Jones v. Roper, 187 A.D.2d 593, 593, 591 N.Y.S.2d 336). Accordingly, the allegations contained in the petition were sufficient to allege a family offense enumerated in Family Court Act § 812(1), and the Family Court erred in denying the petition and dismissing the proceeding on the ground that the petition was insufficient ( see Family Ct. Act § 821[1][a]; Matter of McFadden v. McFadden, 83 A.D.3d 943, 943, 920 N.Y.S.2d 732; Matter of Testman v. Roman, 78 A.D.3d 719, 720, 909 N.Y.S.2d 913).
The petitioner's remaining contentions are without merit.