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CITY OF HORNELL v. HARRISON

192 Misc.2d 273 (2002)

746 N.Y.S.2d 378

CITY OF HORNELL, Petitioner, v. THOMAS HARRISON, Respondent.

City Court of Hornell.

July 23, 2002.

Attorney(s) appearing for the Case

Joseph G. Pelych, City Attorney, for petitioner.

Thomas Harrison, respondent pro se.

OPINION OF THE COURT

JOSEPH E. DAMRATH, J.

This is a special proceeding brought before the court pursuant to section 121 of the Agriculture and Markets Law. It is civil in nature and the standard of proof is a fair preponderance of the evidence, rather than proof beyond a reasonable doubt. (Giandalone v Zepieri, 86 Misc.2d 79 [1976].) In essence, the City, which has the burden of proof, must prove that its factual...

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