80-YEAR-OLD WAS SUBJECTED TO “BIZARRE, OFFENSIVE AND FRIGHTENING” BEHAVIOR
After she claimed that her grandson turned on the gas stove without lighting the burner, and told her that it would blow up in her face when she went to use the stove, M,H. went to the New York County Family Court to secure an order of protection. And after the grandkid was found to have engaged in the “family offense of reckless endangerment in the second degree,” he was allowed to remain in the apartment subject to an order that he “refrain from committing certain acts.”
On appeal, the Appellate Division, First Department, noted that the since the record supported the family offense in question, it thought it was error for the Family Court of have allowed the grandkid to continue occupying the grandmother’s apartment. Given his ‘bizarre, offensive, and frightening” behavior, and her “fragile age of 80 … and well-founded fear,” the AD1 thought the guy should have been directed to vacate the unit and ordered to “stay away” from his grandmother for a two-year period.
We intend to stay away from any further analysis of this case ….
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DECISION