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MATTER OF STRULLY v. SCHWARTZ

255 A.D.2d 593 (1998)

680 N.Y.S.2d 871

In the Matter of Diane Strully, Appellant, v. Jeffrey Schwartz, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 30, 1998

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly dismissed the mother's petition for a permanent order of protection upon determining that she failed to establish by a preponderance of the evidence that the father committed acts constituting the family offenses of harassment in the second degree or assault in the third degree (see, Family Ct Act §§ 812, 832; Matter of Ross v...

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