MATTER OF EBONY J. v. CLARENCE D.


46 A.D.3d 309 (2007)

847 N.Y.S.2d 523

In the Matter of EBONY J., Respondent, v. CLARENCE D., Appellant.

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

Decided December 13, 2007.


Although the court did not specify the degree of harassment it found respondent to have committed, a fair preponderance of the evidence at the fact-finding hearing does not support a finding of harassment in either the first or second degree, each of which is an enumerated family offense upon which the issuance of an order of protection may be premised (Family Ct Act § 812 [1]). The family offense petition is based solely upon conduct that occurred on October 28, 2005...

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