| Matter of Mader v Johnson |
| 2010 NY Slip Op 05769 [74 AD3d 1342] |
| June 29, 2010 |
| Appellate Division, Second Department |
| In the Matter of Inge L. Mader, Appellant, v KennyJohnson, Respondent. |
—[*1] Rayaaz N. Khan, Jamaica, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appealsfrom an order of the Family Court, Queens County (O'Connor, J.), dated March 19, 2009, which,after a hearing, in effect, granted the respondent's motion to dismiss the petition.
Ordered that the order is reversed, on the law, without costs or disbursements, therespondent's motion to dismiss the petition is denied, and the matter is remitted to the FamilyCourt, Queens County, for further proceedings on the petition.
The petitioner established that the respondent committed the family offense of aggravatedharassment in the second degree, by the respondent's admission that he left several telephonemessages for the petitioner threatening that he was going to "get her" (see Family Ct Act§ 812 [1]; § 832; Penal Law § 240.30; cf. People v Dei, 2 AD3d 1459[2003]). Fisher, J.P., Covello, Hall and Sgroi, JJ., concur.