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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Won affirmance defeating appeal by adult daughter of order of protection that did not exclude her father from home they shared for 37 years.

Matter of Millie P. v Arthur P., 177 AD3d 407 (1st Dept 2019)

In this family offense proceeding brought against my client by his adult daughter, the First Department accepted my arguments that Family Court providently exercised its discretion in determining that the incident at issue was isolated and that the threat that the father made, while upsetting to the daughter, did not lead to the conclusion that an exclusionary stay-away order of protection, excluding the father from their shared home of 37 years, was reasonably necessary to protect the daughter.  The Court also accepted my argument that Family Court was not constrained to enter a full stay-away order of protection based on its finding of menacing in the third degree.

http://www.nycourts.gov/reporter/3dseries/2019/2019_07994.htm