IN RE: Howard B. HALVERSON (2025)

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Orange County (Victoria B. Campbell, J.), dated June 3, 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 wife committed multiple family offenses against him and their minor child.  In an order dated June 3, 2024, the Family Court dismissed, without a hearing, the petition for failure to state a cause of action.  The petitioner appeals.

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 Latiff v. Latiff, 236 A.D.3d 1031, 1031, 228 N.Y.S.3d 693;  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).  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 Latiff v. Latiff, 236 A.D.3d at 1031, 228 N.Y.S.3d 693;  Matter of Silverman v. Leibowitz, 212 A.D.3d at 636, 179 N.Y.S.3d 613).

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 a qualifying family offense (see Family Ct Act § 812[1]).  Accordingly, the Family Court properly dismissed the petition for failure to state a cause of action without a hearing (see Matter of Latiff v. Latiff, 236 A.D.3d at 1032, 228 N.Y.S.3d 693;  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).

DILLON, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.