Matter of Baksh v Baksh
2008 NY Slip Op 02583 [49 AD3d 728]
March 18, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


In the Matter of Norma Noemy Baksh, Appellant,
v
Mojamid Amin Baksh, Respondent.

—[*1] Yisroel Schulman, Christina Brandt-Young, and Kim Susser, New York, N.Y. and O'Melveny & Myers LLP (William J. Sushon, Edward D. Hassi, and Justin S. Siegel of counsel), for appellant (one brief filed).

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Queens County (McGowan, J.), dated April 11, 2007, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

The allegations set forth in the petition failed to state a cause of action constituting a family offense pursuant to Family Court Act § 812 (1) (see Matter of Eck v Eck, 44 AD3d 1168, 1169 [2007]; Matter of Santiago v Friedman, 35 AD3d 482 [2006]; Matter of Thomas v Thomas, 32 AD3d 521 [2006]; Matter of Ford v Pitts, 30 AD3d 419, 420 [2006]; Swersky v Swersky, 299 AD2d 540 [2002]).

The appellant's remaining contention is unpreserved for appellate review (see Matter of Anthony R., 43 AD3d 939 [2007]; Matter of Rahmel S., 4 AD3d 365, 366 [2004]). Spolzino, J.P., Santucci, Angiolillo and Balkin, JJ., concur.