Matter of Bernal v Bernal
2007 NY Slip Op 08454
Decided on November 7, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on November 7, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
HOWARD MILLER, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
RUTH C. BALKIN, JJ.

2007-02754
(Docket No. O-8307-06)

[*1]In the Matter of Maria Bernal, respondent,

v

Jorge Bernal, appellant.





Jorge Bernal, Brooklyn, N.Y., appellant pro se.


DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, Jorge Bernal appeals from an order of the Family Court, Queens County (Modica, J.), dated March 6, 2007, which denied his motion to vacate an order of protection of the same court dated August 4, 2006, which, after a hearing, inter alia, directed him to stay away from the petitioner and her home.

ORDERED that the order is affirmed, without costs or disbursements.

The Family Court properly denied the appellant's motion to vacate the order of protection issued against him. The appellant failed to show good cause to vacate the order of protection (see Family Ct Act § 844; Matter of Marks v Marks, 24 AD2d 1017, affd 17 NY2d 787). To the extent the appellant sought vacatur pursuant to CPLR 5015(a)(2), he failed to provide any additional evidence which could not have been discovered previously or would have changed the result (see Matter of Mohammad v Mohammad, 299 AD2d 363; Matter of Jenna R., 207 AD2d 403; Matter of Amina W. v Curven W., 12 Misc 2d 1197[A]).

The appellant's remaining contentions are without merit.
MILLER, J.P., RITTER, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court