IN RE: MARIA D.S. (2023)

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

IN RE: MARIA D.S., Petitioner–Appellant, v. ANDREI S., Respondent–Respondent.

763 Decided: October 12, 2023

Webber, J.P., Kern, Singh, Scarpulla, Rosado, JJ.

Douglas H. Reiniger, New York, for appellant. The Law Offices of Andreas Vasilatos, Brooklyn (Scott P. Benjamin of counsel), for respondent.

Order, Family Court, New York County (Hasa A. Kingo, J.), entered on or about October 28, 2022, which granted respondent's motion to vacate a temporary order of protection and dismissed petitioner's family offense and violation petitions, unanimously affirmed, without costs.

The court correctly dismissed the family offense and violation petitions without a hearing. Even afforded a liberal construction and accepted as true, the allegations in the family offense petition fail to allege facts that, if proven, would establish that respondent had committed a qualifying family offense, including the family offenses of harassment in the second degree under Penal Law § 240.26(3) and stalking in the fourth degree under Penal Law § 120.45 (see Matter of Yajaira B. v. Victoria B., 204 A.D.3d 600, 165 N.Y.S.3d 317 [1st Dept. 2022]).

We have considered petitioner's remaining arguments and find them unavailing.

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