Price v. Jenkins

Ralph R. Carrieri, Mineola, N.Y., for appellant. Thomas E. Draycott, Brightwaters, N.Y., attorney for the child.

In a proceeding pursuant to Family Court Act article 8, the mother appeals from an order of the Family Court, Nassau County (Eisman, J.), dated January 13, 2011, which denied, without a hearing, her family offense petition against the father, without prejudice.

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

Contrary to the mother's contention, the Family Court properly denied, without a hearing, her family offense petition against the father, without prejudice, as the petition was conclusory and failed to allege conduct that would constitute the offenses alleged therein ( see Family Ct. Act § 812[1]; Matter of Davis v. Venditto, 45 A.D.3d 837, 838, 846 N.Y.S.2d 365; Matter of Morisseau v. Morisseau, 27 A.D.3d 651, 652, 810 N.Y.S.2d 902; Matter of Vasciannio v. Nedrick, 305 A.D.2d 420, 421, 758 N.Y.S.2d 534; Matter of Jones v. Roper, 187 A.D.2d 593, 593, 591 N.Y.S.2d 336).

The mother's remaining contention is without merit. DILLON, J.P., FLORIO, CHAMBERS and ROMAN, JJ., concur.