Kaur v. Singh
Opinion of the Court
At a fact-finding hearing before the Family Court, it was established by a fair preponderance of the evidence that the father committed the family offenses of reckless endangerment in the second degree (see Family Ct Act § 812 [1]; Penal Law § 120.20), menacing in the second degree (see Penal Law § 120.14 [2]; Matter of Gray v Gray, 55 AD3d 909, 910 [2008]), and assault in the second degree (see Penal Law § 120.05). Further, the Family Court’s finding that aggravating circumstances were present was supported by the record (see Matter of Hassett v Hassett, 4 AD3d 527 [2004]; Matter of Reilly v Reilly, 254 AD2d 361, 362 [1998]; Matter of Mawhirt v Mawhirt, 241 AD2d 524 [1997]). Accordingly, the Family Court properly issued an order of protection directing the father, inter alia, to stay away from the minor child for a period of five years (see Family Ct Act § 842).
Contrary to the father’s contention, under the circumstances of this case, the Family Court’s decision not to hold a dispositional hearing prior to issuing the order of protection does not require reversal (see Sblendorio v D’Agostino, 60 AD3d at 774; Matter of Hassett v Hassett, 4 AD3d 527 [2004]; Matter of Dabbene v Dabbene, 297 AD2d at 813; Matter of Annie C. v Marcellus W., 278 AD2d 177 [2000]; Matter of Quintana v Quintana, 237 AD2d 130 [1997]). In addition, upon the exercise of our factual review power, the Family Court’s disposition was not contrary to the weight of the evidence (see Matter of Sperling v Sperling, 96 AD3d 1067, 1068 [2012]; Matter of Sblendorio v D’Agostino, 60 AD3d at 774).
The father’s remaining contentions are either unpreserved for appellate review or without merit. Mastro, J.P., Angiolillo, Sgroi and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.