Matter of Price v Jenkins |
2012 NY Slip Op 01259 [92 AD3d 787] |
February 14, 2012 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of Deirdre M. Price, Appellant, v Howard Jenkins, Respondent. |
—[*1]
Thomas E. Draycott, Brightwaters, N.Y., attorney for the child.
In a proceeding pursuant to Family Court Act article 8, the mother appeals from an order of the Family Court, Nassau County (Eisman, J.), dated January 13, 2011, which denied, without a hearing, her family offense petition against the father, without prejudice.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly denied, without a hearing, her family offense petition against the father, without prejudice, as the petition was conclusory and failed to allege conduct that would constitute the offenses alleged therein (see Family Ct Act § 812 [1]; Matter of Davis v Venditto, 45 AD3d 837, 838 [2007]; Matter of Morisseau v Morisseau, 27 AD3d 651, 652 [2006]; Matter of Vasciannio v Nedrick, 305 AD2d 420, 421 [2003]; Matter of Jones v Roper, 187 AD2d 593 [1992]).
The mother's remaining contention is without merit. Dillon, J.P., Florio, Chambers and Roman, JJ., concur.