MATTER OF HOLMAN v. BEAULIEU

2011-11967, 2012-01598.

100 A.D.3d 995 (2012)

954 N.Y.S.2d 471

2012 NY Slip Op 8123

In the Matter of PATRICIA HOLMAN, Appellant, v. BRIAN L. BEAULIEU, Respondent. (Proceeding Nos. 1 and 2.) In the Matter of BRIAN L. BEAULIEU, Respondent, v. PATRICIA HOLMAN, Appellant. (Proceeding No. 3.)

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

November 28, 2012.


Ordered that the orders are affirmed insofar as appealed from, without costs or disbursements.

A family offense must be established by a "fair preponderance of the evidence" (Family Ct Act § 832). Here, the evidence at a hearing, which included inconsistent out-of-court statements by the subject child, and an absence of supporting evidence, did not satisfy that burden. Further, the determination of the Family Court, in effect, denying the mother's petition, inter...

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