Appellate Division of the Supreme Court of the State of New York April 30, 2009 (Debra MM. v. Ralph MM.)

Garry, J.

Appeal from an order of the Supreme Court (Sherman, J.), entered July 13, 2007 in Tompkins County, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 8, for an order of protection.

Petitioner and respondent are married but separated. Their children have been placed in foster care.