New York Supreme Court Appellate Division, First Department
April 26, 2012
IN RE PEI-FONG K., PETITIONER-RESPONDENT,
MYLES M., RESPONDENT-APPELLANT.
Tennille M. Tatum-Evans, New York, for appellant. Weil, Gotshal & Manges, LLP, New York (Jessica Liou of counsel), for respondent.
Matter of Matter of Pei-Fong K. v Myles M.
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.
Decided on April 26, 2012
Andrias, J.P., Saxe, Catterson, Renwick, Roman, JJ.
Order, Family Court, New York County (Elizabeth Barnett, Attorney Referee), entered on or about December 13, 2010, which to the extent appealed from as limited by the briefs, after a fact-finding hearing, granted petitioner mother a five-year order of protection in favor of the parties' child, subject to court-ordered visitation, unanimously affirmed, without costs.
The appellant father challenges the order of protection only insofar as it applies to the child, in that he contends that his admittedly violent conduct was not directed towards her. However, Family Court Act § 827(a)(vii) permits a finding of aggravated circumstances where a repeated pattern of physical injury and like incidents "constitute an immediate and ongoing danger to petitioner, or any member of petitioner's family."
The court properly determined that a fair preponderance of the evidence supported a finding that the father engaged in a series of violent and threatening actions directed at the mother, some in the presence of the child, warranting the order of protection. Moreover, the order permits court-ordered visitation, thus enabling the father to maintain a relationship with the child.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: APRIL 26, 2012
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