Matter of Reina C. v Yankel F., 2018 NY Slip Op 08087 [166 AD3d 544]

November 27, 2018

Appellate Division, First Department

[*1]

In the Matter of Reina C., Appellant,

v

Yankel F., Respondent.

Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.

Andrew J. Baer, New York, for respondent.

Order, Family Court, New York County (Christopher W. Coffey, Ref.), entered on or about January 18, 2018, which dismissed, with prejudice, the petition for an order of protection against respondent due to lack of subject matter jurisdiction, unanimously affirmed, without costs.

It is undisputed that petitioner and respondent are not members of the same family or household, and the Referee properly concluded that an intimate relationship did not exist under any of the other provisions of the statute ( see Family Ct Act § 812 [1]; Matter of Tyrone T. v Katherine M. , 78 AD3d 545 [1st Dept 2010]; compare Matter of Winston v Edwards-Clarke , 127 AD3d 771 [2d Dept 2015]). Accordingly, the petition was properly dismissed for lack of subject matter jurisdiction. Concur—Renwick, J.P., Tom, Webber, Kahn, Moulton, JJ..