Opinion
2012-02-14
In the Matter of Deirdre M. PRICE, appellant, v. Howard JENKINS, respondent.
Ralph R. Carrieri, Mineola, N.Y., for appellant. Thomas E. Draycott, Brightwaters, N.Y., attorney for the child.
Ralph R. Carrieri, Mineola, N.Y., for appellant. Thomas E. Draycott, Brightwaters, N.Y., attorney for the child.
In a proceeding pursuant to Family Court Act article 8, the mother appeals from an order of the Family Court, Nassau County (Eisman, J.), dated January 13, 2011, which denied, without a hearing, her family offense petition against the father, without prejudice.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly denied, without a hearing, her family offense petition against the father, without prejudice, as the petition was conclusory and failed to allege conduct that would constitute the offenses alleged therein ( see Family Ct. Act § 812[1]; 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 Jones v. Roper, 187 A.D.2d 593, 593, 591 N.Y.S.2d 336).
The mother's remaining contention is without merit.