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MATTER OF SBLENDORIO v. D'AGOSTINO

60 A.D.3d 773 (2009)

___ N.Y.S.2d ___

In the Matter of DEBBY SBLENDORIO, Respondent, v. PAT D'AGOSTINO, Appellant.

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

Decided March 10, 2009.

Ordered that the order of protection is affirmed, without costs or disbursements.

The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court (see Matter of Asgedom v Asgedom, 51 A.D.3d 787 [2008]; Matter of Kraus v Kraus, 26 A.D.3d 494, 495 [2006]; Matter of Lallmohamed v Lallmohamed, 23 A.D.3d 562

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