MATTER OF ALFEO v. ALFEO


306 A.D.2d 471 (2003)

761 N.Y.S.2d 505

In the Matter of CLARABELLE ALFEO, Also Known as CLARABELLE LOBLANCO, Appellant, v. JOSEPH C. ALFEO, Respondent.

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

Decided June 23, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.

The Family Court erred by, in effect, denying the petition without a fact-finding or dispositional hearing. The petitioner should have been given the opportunity to prove the alleged family offenses and aggravating circumstances which, if established, would...

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