IN THE MATTER OF WAALDIJK-HOWELL v. HOWELL


22 A.D.3d 675 (2005)

801 N.Y.S.2d 914

In the Matter of MARILYN WAALDIJK-HOWELL, Appellant, v. GORDON E. HOWELL, Respondent.

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

October 17, 2005.


Ordered that the order and judgment is affirmed, without costs or disbursements.

The Family Court properly, in effect, denied the petition and dismissed the proceeding upon finding that the petitioner failed to establish by a preponderance of the evidence that the respondent committed acts constituting a cognizable family offense (see Family Ct Act § 832). The determination of whether the respondent committed such acts was a disputed factual issue for...

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