MATTER OF PRICE v. JENKINS

2015-12486, Docket No. O-10817/15.

149 A.D.3d 956 (2017)

2017 NY Slip Op 03000

50 N.Y.S.3d 304

In the Matter of DEIRDRE M. PRICE, Appellant, v. HOWARD JENKINS, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 19, 2017.


Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Nassau County, for further proceedings on the petition, before a different Judge.

The Family Court erred in dismissing the mother's petition without a hearing. "The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court" (Matter of Acevedo v Acevedo,

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