Matter of Frederick Little v. Sandye Renz

Summary

The Appellate Division, Second Department affirmed dismissal of the father's Family Court Act article 8 family offense petition against the mother. The court held that the father failed to establish a prima facie case for disorderly conduct or prove the other alleged family offenses, and that the Family Court properly limited consideration to incidents alleged in the petition.

Holdings

1. The Family Court properly refused to consider evidence concerning incidents between the parties that were not alleged in the father's petition.
2. The father failed to establish a prima facie case that the mother committed the family offense of disorderly conduct.
3. The Family Court's finding that the father failed to establish that the mother committed any of the other alleged family offenses was supported by the record and credibility determinations.

Questions Presented

1. Whether the Family Court properly refused to consider evidence concerning incidents not alleged in the family offense petition.
2. Whether the father established a prima facie case that the mother committed disorderly conduct.
3. Whether the Family Court's finding that the father failed to establish the other alleged family offenses was supported by the record.

Disposition

affirmed