MATTER OF ANNIE C. v. MARCELLUS W.


278 A.D.2d 177 (2000)

719 N.Y.S.2d 225

In the Matter of ANNIE C., Respondent, v. MARCELLUS W., Appellant.

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

Decided December 28, 2000.


A fair preponderance of the evidence supports Family Court's finding that an order of protection was warranted (see, Family Ct Act § 832). The Family Court had ample reason for rejecting appellant-father's testimony and crediting the testimony of petitioner-grandmother, who has had legal custody of the subject child since 1990, that appellant-father's sudden visits at school and to the grandmother's apartment unannounced upset the child, and appeared to have no...

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