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MATTER OF TAURIELLO v. THOMPSON

2010-10420.

84 A.D.3d 824 (2011)

921 N.Y.S.2d 868

In the Matter of ROSEANN TAURIELLO, Respondent, v. BRETT JAMES THOMPSON, Appellant.

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

Decided May 3, 2011.

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

According due deference to the credibility determinations of the hearing court, and without taking issue with those determinations (see Matter of Foxworth v DeJesus, 74 A.D.3d 1064 [2010]), the evidence adduced at the hearing was insufficient to prove by a preponderance of...

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