MATTER OF ELIZABETH T. v. ANDREW T.

14079.

124 A.D.3d 556 (2015)

998 N.Y.S.2d 636

In the Matter of ELIZABETH T., Respondent, v. ANDREW T., Appellant.

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

Decided January 29, 2015.


The order of protection is vacated because, even though it was properly entered upon respondent's failure to appear at the scheduled hearing, the Court of Appeals has since determined that the family offense of aggravated harassment in the second degree (Penal Law § 240.30 [1]), upon which this particular order of protection was based, "is unconstitutionally vague and overbroad" (People v Golb, 23 N.Y.3d 455, 467 [2014];

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