Matter of Giardina v Campbell (2009 NY Slip Op 02105)

Matter of Giardina v Campbell

2009 NY Slip Op 02105 [60 AD3d 1367]

March 20, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 6, 2009

In the Matter of Teresa A. Giardina, Respondent, v Terry L. Campbell, Sr., Appellant.

—[*1] Tully Rinckey PLLC, Albany (Greg T. Rinckey of counsel), for respondent-appellant.

Legal Assistance of Western New York, Inc./Southern Tier Legal Services, Bath (David B. Pels of counsel), for petitioner-respondent.

Appeal from an order of the Family Court, Steuben County (Joseph W. Latham, J.), entered January 3, 2008 in a proceeding pursuant to Family Court Act article 8. The order granted petitioner an order of protection, effective through January 3, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order that granted petitioner an order of protection against him, effective for two years. Contrary to respondent's contention, Family Court Act § 842, as amended in 2003, allows an order of protection to be effective for up to two years without a finding of aggravating circumstances (see L 2003, ch 579, § 1). Present—Hurlbutt, J.P., Smith, Fahey, Green and Pine, JJ.