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MATTER OF COTE v. BERGER

2012-10439 (Docket No. O-167-11/12B)

112 A.D.3d 821 (2013)

978 N.Y.S.2d 54

2013 NY Slip Op 8437

In the Matter of VALERIE COTE, Appellant, v. JOSEPH BERGER, Respondent.

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

Decided December 18, 2013.

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Dutchess County (Sammarco, J.), entered October 15, 2012, which granted the respondent's motion to dismiss, for failure to state a cause of action, her petition, in effect, to restore to the calendar a family offense petition against the respondent based upon his alleged violation of specified conditions set forth

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