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MATTER OF HASBROUCK v. HASBROUCK

59 A.D.3d 621 (2009)

___ N.Y.S.2d ___

In the Matter of MARY M. HASBROUCK, Respondent, v. PAUL R. HASBROUCK, Appellant.

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

Decided February 17, 2009.

Ordered that the order of protection and the order of disposition are reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

In a family offense proceeding, the allegations asserted in a petition seeking the issuance of an order of protection must be supported by "a fair preponderance of the evidence" (Family Ct Act § 832; see Matter of Patton v Torres, 38 A.D.3d 667

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