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LOCKWOOD v. LOCKWOOD

23 Misc.3d 679 (2009)

872 N.Y.S.2d 271

In the Matter of MAUREEN A. LOCKWOOD, Petitioner, v. DWAYNE E. LOCKWOOD, Respondent.

Family Court, Otsego County.

Decided January 15, 2009.

Attorney(s) appearing for the Case

Dennis B. Laughlin, Cherry Valley, for petitioner.

James E. Konstanty, Oneonta, for respondent.

Christine A. McCue, Central Bridge, for the children.

OPINION OF THE COURT

BRIAN D. BURNS, J.

Petitioner filed a petition for violation of an order of protection (hereinafter referred to as the violation petition) on July 17, 2008. On December 29, 2008, respondent filed a notice of motion, which was made returnable on January 12, 2009. Respondent seeks dismissal of the violation petition on the ground that the action is barred by res judicata and double jeopardy. Petitioner filed her opposition to the motion...

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