| Matter of Saira A. v Olga M. |
| 2007 NY Slip Op 03788 [40 AD3d 243] |
| May 1, 2007 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Saira A., Respondent, v Olga M., Appellant. |
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No appearance or brief on behalf of respondent.
Respondent concedes that the evidence at the fact-finding hearing supports the finding of harassment in the second degree (Penal Law § 240.26 [1], [3]). We reject respondent's argument that where, at the time of the fact-finding hearing, the parties (daughter and mother) were no longer living together and had little if any contact, and no incidents had occurred since the last incident described in the petition, a dispositional hearing was required to determine the need for an order of protection (see Matter of Hazel P.R. v Paul J.P., 34 AD3d 307, 308 [2006]). Concur—Saxe, J.P., Friedman, Williams, Buckley and Kavanagh, JJ.