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MATTER OF GRAZYNA S.-G. v. EVELINA G.

3274.

148 A.D.3d 512 (2017)

2017 NY Slip Op 01960

48 N.Y.S.3d 586

In the Matter of GRAZYNA S.-G., Appellant, v. EVELINA G., Respondent, et al.,

Appellate Division of the Supreme Court of New York, First Department.

Decided March 16, 2017.

Contrary to the Referee's conclusion, petitioner did not default; petitioner testified at the fact-finding hearing and her attorney appeared on May 20, 2015 and objected to the dismissal of the petition (see Schlain v Women's Radiology, 305 A.D.2d 173, 174 [1st Dept 2003]). In any event, petitioner failed to establish a prima facie case that respondent's actions constituted the family offenses of harassment in the second degree or...

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