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MATTER OF McFADDEN v. McFADDEN

2010-06716, 2010-08831.

83 A.D.3d 943 (2011)

920 N.Y.S.2d 732

In the Matter of STEVEN M. McFADDEN, Appellant, v. JAMES JOHN McFADDEN, Respondent. (Proceeding No. 1.) In the Matter of STEVEN M. McFADDEN, Appellant, v. MICHAEL JOHN McFADDEN, Respondent. (Proceeding No. 2.)

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

Decided April 19, 2011.

Ordered that the orders are reversed, on the law, without costs or disbursements, the petitions are reinstated, and the matters are remitted to the Family Court, Kings County, for further proceedings consistent herewith.

The factual allegations contained in the petitions were sufficient to allege family offenses enumerated in Family Court Act § 812 (1) (see Family Ct Act § 812 [1] [a]; Matter of Testman v Roman, 78 A.D.3d 719...

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