IN RE: ROSHEADA DAVIS (2024)

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

IN RE: ROSHEADA DAVIS, PETITIONER-RESPONDENT, v. ARDEN MARSHALL, RESPONDENT-APPELLANT.

411 Decided: June 14, 2024

PRESENT: SMITH, J.P., CURRAN, MONTOUR, NOWAK, AND DELCONTE, JJ.

LAW OFFICE OF MAURICE J. VERRILLO, P.C., ROCHESTER (LUCY ANDERSON BRADO OF COUNSEL), FOR RESPONDENT-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 8, respondent appeals from an order of protection entered upon a finding that she committed the family offense of aggravated harassment in the second degree against petitioner, her niece (see Penal Law § 240.30; see also Family Ct Act § 812 [1]). Respondent's challenges to the order are not preserved for our review (see Smith v Woods Constr. Co., 309 AD2d 1155, 1157 [4th Dept 2003]; see generally Miller v Miller, 68 NY2d 871, 873 [1986]; Matter of Hill v Trojnor, 137 AD3d 1671, 1672 [4th Dept 2016]), and we decline to review her challenges in the interest of justice.

Entered: June 14, 2024

Ann Dillon Flynn

Clerk of the Court

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