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MATTER OF JEANNIE B. v. ROGER D.

33 A.D.3d 994 (2006)

824 N.Y.S.2d 332

In the Matter of JEANNIE B., on Behalf of JAYDA D.-B., Respondent, v. ROGER D., Appellant.

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

Decided October 31, 2006.

Ordered that the notice of appeal from a fact-finding order of the same court dated May 10, 2005 is deemed a premature notice of appeal from the order of protection (see CPLR 5520 [c]); and it is further,

Ordered that the order of protection is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the evidence was legally sufficient to establish that the petitioner sustained a physical injury as defined under Penal Law &...

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