In re Katie II.
Opinion of the Court
Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered February 9, 2010, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to hold respondent in willful violation of a prior order of protection.
In September 2009, respondent consented to a finding of neglect of his two daughters. Family Court issued an order of protection ordering respondent to, among other things, refrain from “reckless endangerment, disorderly conduct, intimidation, [or] threats” against the children, “acts that create an unreasonable risk to the health, safety or welfare” of the children, and “subjecting the subject children to any form of name calling and/or any other disparaging remarks.” In addition, respondent was ordered “not [to] use any prescription medications unless specifically prescribed to [him] by a healthcare provider,” and he was to “ensure that all prescription medications are kept in a secured lock box and that neither of the subject children are provided access to the lock box,” and that “no third parties engage in any conversation with and/or in the presence of the subject children which is age inappropriate, including but not limited to court proceedings.”
In December 2009, petitioner commenced this proceeding alleging that respondent willfully violated the order of protection in that he (1) allowed the children access to the lock box, (2)
With respect to petitioner’s allegations of reckless endangerment and disorderly conduct, the hearing testimony reflects that, in September 2009, as respondent’s wife and one of the children were attempting to leave the residence in a vehicle to attend a mental health appointment, respondent attempted to stop them by jumping onto the vehicle’s running board and hanging onto the side view mirror while still arguing with his wife. Respondent proceeded to get into the driver’s seat and, while still arguing with his wife, drove around the U-shaped driveway and onto the road, while the child was sitting in the back seat with her door ajar.
Giving deference to Family Court’s credibility assessments (see Matter of Telsa Z. [Rickey Z.], 75 AD3d 776, 778 [2010]), we conclude that petitioner established by clear and convincing ev
Mercure, J.P., Malone Jr., Stein and McCarthy, JJ., concur. Ordered that the order is affirmed, without costs.
Respondent conceded that these events occurred, although he recalled them transpiring over two separate incidents.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.