MATTER OF TAMMY J.H. v. JOHN W.H., III


42 A.D.3d 974 (2007)

837 N.Y.S.2d 892

In the Matter of TAMMY J.H., Respondent, v. JOHN W.H., III, Appellant.

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

Decided July 6, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this family offense proceeding pursuant to Family Court Act article 8 alleging that respondent committed acts that constitute harassment in the second degree pursuant to Penal Law § 240.26 (3). Family Court erred in granting the petition because petitioner failed to...

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