New York Family Court April 8, 2003 (Nina K. v. Victor K.)

OPINION OF THE COURT

Martin G. Karopkin, J.

Respondent moves for an order dismissing the instant petition for failing to state a cause of action pursuant to CPLR 3212 (b) and because an order of protection would be a duplication of remedies for the petitioner. Petitioner opposes the motion. The motion is denied for all of the reasons set forth below.