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MATTER OF ESTHER H. v. EDDIE H.

3633.

78 A.D.3d 526 (2010)

910 N.Y.S.2d 648

In the Matter of ESTHER H., Respondent, v. EDDIE H., Appellant.

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

Decided November 18, 2010.

The Referee having properly struck petitioner's testimony as to a course of harassing conduct committed by respondent that had been alleged and adjudicated in a prior proceeding, the evidence was legally insufficient to establish harassment in the second degree under Penal Law § 240.26 (3) (see People v Wood, 59 N.Y.2d 811, 812 [1983]). The Referee's remaining findings were supported by a fair preponderance of the evidence...

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