IN RE: Abdul LATIFF (2025)

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Putnam County (Joseph J. Spofford, Jr., J.), dated January 16, 2024.  The order dismissed, without a hearing, the petition for failure to state a cause of action.

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

The petitioner commenced this proceeding pursuant to Family Court Act article 8, alleging that his daughter committed the family offense of disorderly conduct.  In an order dated January 16, 2024, the Family Court dismissed, without a hearing, the petition for failure to state a cause of action.  The petitioner appeals.

In a family offense proceeding, the burden is on the petitioner to establish the offense by a fair preponderance of the evidence (see Family Ct Act § 832;  Matter of Silverman v. Leibowitz, 212 A.D.3d 635, 636, 179 N.Y.S.3d 613;  Matter of Lashlee v. Lashlee, 161 A.D.3d 865, 866, 76 N.Y.S.3d 228).  A family offense petition may be dismissed without a hearing where the petition fails to set forth allegations that, if proven, would establish that the respondent has committed a qualifying family offense (see Matter of Silverman v. Leibowitz, 212 A.D.3d at 636, 179 N.Y.S.3d 613;  Matter of Lashlee v. Lashlee, 161 A.D.3d at 866, 76 N.Y.S.3d 228;  Matter of Brown–Winfield v. Bailey, 143 A.D.3d 707, 708, 38 N.Y.S.3d 434).  In determining whether the petition alleges a qualifying family offense, the petition must be liberally construed, the facts alleged in the petition must be accepted as true, and the petitioner must be given the benefit of every favorable inference (see Matter of Silverman v. Leibowitz, 212 A.D.3d at 636, 179 N.Y.S.3d 613;  Matter of Brown–Winfield v. Bailey, 143 A.D.3d at 708, 38 N.Y.S.3d 434).

Here, liberally construing the petition, accepting the facts alleged therein as true, and giving the petitioner the benefit of every favorable inference, the petition failed to set forth allegations that, if proven, would establish that the respondent committed the family offense of disorderly conduct (see Family Ct Act § 812[1];  Penal Law § 240.20).  Accordingly, the Family Court properly dismissed the petition for failure to state a cause of action without a hearing (see Matter of Silverman v. Leibowitz, 212 A.D.3d at 636, 179 N.Y.S.3d 613;  Matter of Lashlee v. Lashlee, 161 A.D.3d at 686, 76 N.Y.S.3d 228).

The petitioner's remaining contention is improperly raised for the first time on appeal (see Matter of Paek v. Alicea, 225 A.D.3d 877, 879, 208 N.Y.S.3d 673;  Matter of Martinez v. Toussaint, 222 A.D.3d 647, 649, 201 N.Y.S.3d 461).

BARROS, J.P., BRATHWAITE NELSON, TAYLOR and VENTURA, JJ., concur.