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MATTER OF DALRYMPLE v. DALRYMPLE

4836.

83 A.D.3d 539 (2011)

920 N.Y.S.2d 662

In the Matter of BASIL DALRYMPLE, Appellant, v. WANDA DALRYMPLE, Respondent.

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

Decided April 19, 2011.

Petitioner failed to establish by a fair preponderance of the evidence that respondent committed acts warranting an order of protection in his favor (see Family Ct Act § 832; Matter of Everett C. v Oneida P., 61 A.D.3d 489 [2009]). Petitioner's claim that respondent attempted to poison him was unsubstantiated, and his assertion that he was fearful that respondent would harm him was not objectively reasonable (see Matter...

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