| Matter of Baginski v Rostkowski |
| 2012 NY Slip Op 05166 [96 AD3d 1051] |
| June 27, 2012 |
| Appellate Division, Second Department |
| In the Matter of Jan Baginski, Respondent, v MieczystawRostkowski, Appellant. |
—[*1] Jonathan Edward Kirchner, P.C., Commack, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, MieczystawRostkowski appeals from an order of protection of the Family Court, Queens County(Fitzmaurice, J.), dated September 26, 2011, which, upon a finding, made after a hearing, that hehad committed a family offense, directed him, inter alia, to stay away from the petitioner untiland including September 12, 2013.
Ordered that the order of protection is affirmed, without costs or disbursements.
Although the Family Court failed to specify the particular family offense under Family CourtAct § 812 (1) that the appellant committed, remittal is not necessary because the record issufficient for this Court to conduct an independent review of the evidence (see Matter of Drury v Drury, 90 AD3d754, 754 [2011]). The evidence adduced at the hearing established, by a preponderance ofthe evidence, that the appellant engaged in acts which would constitute the offenses of menacingin the third degree, disorderly conduct, and harassment in the second degree (see FamilyCt Act § 812 [1]; § 832; Penal Law §§ 120.15, 240.20, 240.26 [1]; Matter of Melissa K. v Brian K., 72AD3d 1129 [2010]; Matter ofSblendorio v D'Agostino, 60 AD3d 773 [2009]; Matter of Miriam M. v Warren M., 51 AD3d 581 [2008]; Matter of Sinclair v Batista-Mall, 50AD3d 1044 [2008]). Rivera, J.P., Eng, Lott and Cohen, JJ., concur.