MATTER OF MICHELLE S. v. LUKE R.

Index Nos. O-685/16, O-685/16. Appeal No. 13250. Case No. 2020-02621.

192 A.D.3d 427 (2021)

139 N.Y.S.3d 809

2021 NY Slip Op 01330

In the Matter of Michelle S., Respondent-Appellant, v. Luke R., Appellant-Respondent.

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

Decided March 4, 2021.


Attorney(s) appearing for the Case

Advocate, LLP, New York ( Jason Advocate of counsel), for appellant-respondent.

Law Offices of Sergio Villaverde, PLLC, New York ( Sergio Villaverde of counsel), for respondent-appellant.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.


Respondent committed criminal mischief in the fourth degree when he poured brown, noxious liquid on petitioner's clothing, leaving them soiled and stained, which she then turned over to the police (Penal Law § 145.00[1]).

The issuance of a five-year order of protection was appropriate in view of the presence of aggravating circumstances constituting an immediate and ongoing danger to petitioner (Family Ct Act § 827 [a] [vii]; see Matter of Angela C. v...

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