Matter of F.L.H. (A.G.L.)

Holding The Appellate Division affirmed the Family Court’s order excluding the respondent from the marital home and finding him guilty of second-degree harassment and reckless endangerment. The court determined that the respondent’s aggressive conduct and threats established a safety concern, justifying the exclusion order despite the parties’ prior living arrangements.

The court’s words

petitioner's testimony that respondent was becoming increasingly aggressive, and that respondent threatened to starve her or kill her on March 30, 2022

2026 NY Slip Op 06245, at the official text

the record is sufficient to allow this Court to conclude from the fair preponderance of the evidence that his conduct of wielding a metal rod in close proximity to petitioner and attempting to strike her with it constituted reckless endangerment in the second degree

2026 NY Slip Op 06245, at the official text

he committed second-degree harassment by withholding food stamps from petitioner, repeatedly threatening to starve her to death or kill her, and, on November 10, 2022, blocking her from leaving her bedroom when she needed to use the bathroom

2026 NY Slip Op 06245, at the official text