| Matter of Cambre v Kirton |
| 2015 NY Slip Op 06242 [130 AD3d 926] |
| July 22, 2015 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Karine Cambre,Respondent, v Tara Kirton, Appellant. |
David Laniado, Cedarhurst, N.Y., for appellant.
Appeal from an order of protection of the Family Court, Kings County (Esther M.Morgenstern, J.), entered September 2, 2014. The order of protection, without a hearing,upon, in effect, granting the petition of Karine Cambre alleging that Tara Kirton hadcommitted a family offense, inter alia, directed Tara Kirton to stay away from KarineCambre until and including September 1, 2016.
Ordered that the order of protection is reversed, on the law, without costs ordisbursements, the petition is denied, and the proceeding is dismissed.
Karine Cambre is the fiancée of Shaine Kadyorios, who is the formerboyfriend of Tara Kirton and the father of Kirton's child. In 2014, Cambre filed a familyoffense petition against Kirton. On September 2, 2014, the Family Court, in effect, upongranting the petition, inter alia, directed Kirton to stay away from Cambre for a period oftwo years. Kirton appeals and argues, among other things, that the Family Court lackedsubject matter jurisdiction over the proceeding.
The Family Court is a court of limited jurisdiction, constrained to exercise only thosepowers conferred upon it by the New York Constitution or by statute (see Matter of H.M. v E.T., 14NY3d 521, 526 [2010]; Matter of Johna M.S. v Russell E.S., 10 NY3d 364, 366[2008]). Pursuant to Family Court Act § 812 (1), the Family Court'sjurisdiction in family offense proceedings is limited to certain prescribed acts that occur"between spouses or former spouses, or between parent and child or between members ofthe same family or household" (Family Ct Act § 812 [1]; see Matter of Seye v Lamar, 72AD3d 975, 976 [2010]). "[M]embers of the same family or household" include,among others, "persons who are not related by consanguinity or affinity and who are orhave been in an intimate relationship regardless of whether such persons have livedtogether at any time" (L 2008, ch 326, § 7; see Family Ct Act§ 812 [1] [e]; Matter of Seye v Lamar, 72 AD3d at 976).
Here, Kirton and Cambre have no direct relationship and are only connected througha third party, Mr. Kadyorios, who is Cambre's fiancée and the biological father ofKirton's daughter. The record also demonstrates that they met for the first time during thecourse of the court proceedings, and have no ongoing relationship (cf. Matter of Winston vEdwards-Clarke, 127 AD3d 771 [2015]). Accordingly, the undisputed factsestablish that there is no "intimate relationship" between the parties within the meaningof Family Court Act § 812 (1) (e) (see Matter of Johnson v Carter,122 [*2]AD3d 853, 854 [2014]; Matter of Welch v Lyman, 100AD3d 642, 643-644 [2012]; Matter of Parrella v Freely, 90 AD3d 664, 665 [2011]; Matter of Riedel v Vasquez, 88AD3d 725, 725 [2011]). Consequently, since the parties do not have an "intimaterelationship" within the meaning of Family Court Act § 812 (1) (e), theFamily Court lacked subject matter jurisdiction, the order of protection must be reversed,the petition denied, and the proceeding dismissed.
In light of the foregoing, Kirton's remaining contentions need not be reached.Mastro, J.P., Balkin, Chambers and Maltese, JJ., concur.