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Hines v. Hines

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


April 14, 2009

IN THE MATTER OF KAREN HINES, APPELLANT,
v.
DENISE HINES, RESPONDENT.

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals, as limited by her brief, from so much of an order of protection of the Family Court, Kings County (Ross, J.H.O.), dated May 29, 2008, as, after a hearing, and upon a finding that her sister, Denise Hines, committed a family offense within the meaning of Family Court Act § 812, inter alia, directed Denise Hines to stay away from the petitioner for a period of only two years.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

ROBERT A. SPOLZINO, J.P., PETER B. SKELOS, FRED T. SANTUCCI and THOMAS A. DICKERSON, JJ.

(Docket No. O-2790-07)

DECISION & ORDER

ORDERED that the order of protection is affirmed insofar as appealed from, without costs or disbursements.

There was insufficient evidence adduced at the dispositional hearing to support a finding of aggravating circumstances (see Family Ct Act § 827[a][vii]; Matter of Charles v Charles, 21 AD3d 487). Accordingly, the Family Court properly fixed the term of the order of protection at a period of only two years (see Family Ct Act § 842).

SPOLZINO, J.P., SKELOS, SANTUCCI and DICKERSON, JJ., concur.

20090414

© 1992-2009 VersusLaw Inc.



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