| Matter of McCauley v Galante |
| 2013 NY Slip Op 03840 [106 AD3d 1089] |
| May 29, 2013 |
| Appellate Division, Second Department |
| In the Matter of Ian McCauley,Respondent, v Arianna Galante, Appellant. |
—[*1] Robert C. Mitchell, Central Islip, N.Y. (Agnes B. Neldner-Ratuszny of counsel), forrespondent.
In a family offense proceeding pursuant to Family Court Act article 8, AriannaGalante appeals from an order of protection of the Family Court, Suffolk County (Burke,Ct. Atty. Ref.), dated May 23, 2012, which, after a hearing, and upon a finding that shehad committed a family offense, directed her, inter alia, to stay away from Ian McCauleyuntil and including May 23, 2014.
Ordered that the order of protection is affirmed, without costs or disbursements.
Although the Family Court failed to specify the particular family offense underFamily Court Act § 812 (1) that the appellant committed, remittal is not necessarybecause the record is sufficient for this Court to conduct an independent review of theevidence (see Matter of Stewartv Lassiter, 103 AD3d 734 [2013]; Matter of Baginski v Rostkowski, 96 AD3d 1051 [2012]).Here, the petitioner established, by a fair preponderance of the credible evidence adducedat a fact-finding hearing, that the appellant committed acts which constituted the familyoffense of harassment in the second degree, warranting the issuance of an order ofprotection (see Family Ct Act §§ 812 [1]; 832; Penal Law §240.26 [1]; Matter of Hohn vGuirand, 97 AD3d 578 [2012]).
The appellant's remaining contentions are without merit. Mastro, J.P., Leventhal,Sgroi and Miller, JJ., concur.