Bhanote v. Bhanote, 22 A.D.3d 490 (N.Y. App. Div. 2d Dep't 2005). · Go Syfert
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Bhanote v. Bhanote, 22 A.D.3d 490 (N.Y. App. Div. 2d Dep't 2005). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Hagopian v. Hagopian, 66 A.D.3d 1021 (N.Y. App. Div. 2d Dep't 2009)
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  • Hagopian v. Hagopian, 66 A.D.3d 1021 (N.Y. App. Div. 2d Dep't 2009).published
    Accordingly, we remit the matter to the Family Court, Suffolk County, for the issuance of an appropriate temporary order of protection and a new fact-finding hearing and determination on those portions of the petition (see Family Ct Act §…
Retrieving the full opinion text from the archive…
In the Matter of Teresa Bhanote
v.
Kuldip R. Bhanote
Appellate Division of the Supreme Court of the State of New York.
Oct 3, 2005.
Published opinion
22 A.D.3d 490
Cited by 4 opinions  |  Published

In a family offense proceeding pursuant to Family Court Act article 8, Teresa Bhanote appeals from an order of the Family Court, Queens County (Heffernan, J.), dated September 20, 2004, which, after a hearing, dismissed her petition for an order of protection against Kuldip R. Bhanote.

Ordered that the order is reversed, on the law and the facts, with costs, the petition is reinstated, and the matter is remitted to the Family Court, Queens County, for a dispositional hearing and the entry of an appropriate order of disposition.

Contrary to the Family Court’s determination, the petitioner established, by a fair preponderance of the evidence, that the respondent committed acts constituting harassment in the second degree and disorderly conduct, warranting the issuance of an order of protection against him (see Family Ct Act § 812 [1]; § 832; Penal Law § 240.26 [3]; § 240.20; Matter of Clarke v Clarke, 8 AD3d 375 [2004]; Matter of Pesce v Pesce, 223 AD2d 647 [1996]). Accordingly, the matter is remitted to the Family Court for a dispositional hearing and entry of an appropriate dispositional order (see Family Ct Act §§ 833, 841 [d]; § 842). Cozier, J.P., S. Miller, Rivera and Fisher, JJ., concur.