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MATTER OF FOXWORTH v. DeJESUS

2009-06419.

74 A.D.3d 1064 (2010)

903 N.Y.S.2d 114

In the Matter of MARY-JANE FOXWORTH, Respondent, v. WILSON DeJESUS, Appellant.

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

Decided June 15, 2010.

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

At a fact-finding hearing pursuant to Family Court Act article 8, the petitioner bears the burden of establishing the allegations in the petition by a "fair preponderance of the evidence" (Family Ct Act § 832), and the Family Court's credibility determinations after...

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