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MATTER OF BENINCASA v. BENINCASA

65 A.D.3d 1040 (2009)

884 N.Y.S.2d 864

In the Matter of PHILIP BENINCASA, JR., Appellant, v. DEANA M. BENINCASA, Respondent. (Proceeding No. 1.) In the Matter of DEANA M. BENINCASA, Respondent, v. PHILIP BENINCASA, JR., Appellant. (Proceeding No. 2.)

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

Decided September 8, 2009.

Ordered that the order of protection is reversed, on the law, without costs or disbursements, the family offense petition is denied, and that proceeding is dismissed; and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Since the record does not support the Family Court's determination that the appellant committed the family offense of harassment in the second degree, the order of protection must be...

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