Won Affirmance Of Order Of Protection.

Matter of Oksoon K. v Young K., 115 AD3d 486 (1st Dept 2014)

In this appeal by of an order of protection directing the respondent to stay away and not communicate with my client, the First Department agreed with my arguments that my client’s testimony proved by a fair preponderance of the credible evidence that on the day of the incident, respondent’s actions constituted the family offense of stalking in the fourth degree (Penal Law § 120.45) because his behavior was designed to hound, frighten, intimidate and my client.  The Court also accepted my argument that the issuance of a two-year order of protection in petitioner’s favor with the reasonable condition that he “stay away” from her home and employment was proper because it will likely be helpful in eradicating the root of the family disturbance.  The Court also agreed with my argument that Family Court providently exercised its discretion in granting petitioner’s oral application made at the close of her case to conform the pleadings to the proof pursuant to CPLR 3025 because respondent had a full and fair opportunity to contest her testimony at the fact-finding hearing and as there is no indication in the record that respondent was hindered in the preparation of his case or was prevented from taking any measure in support of his position.

http://www.nycourts.gov/reporter/3dseries/2014/2014_01552.htm