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MATTER OF WALSH v. DESROCHES

2013-08592, Docket No. O-4297-13.

118 A.D.3d 813 (2014)

987 N.Y.S.2d 231

2014 NY Slip Op 4209

In the Matter of KATHRYN G. WALSH, Respondent, v. DONALD J. DESROCHES, Appellant. WILLIAM DANIEL DESROCHES, Nonparty Respondent.

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

Decided June 11, 2014.

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

In a family offense proceeding, the petitioner has the burden of establishing the allegations contained in the petition by a "fair preponderance of the evidence" (Family Ct Act § 832; see Matter of Harry v Harry, 115 A.D.3d 858 [2014]; Matter of...

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