MATTER OF KIRSTEN G. v. MELVIN G.

2031.

143 A.D.3d 614 (2016)

2016 NY Slip Op 06973

39 N.Y.S.3d 460

In the Matter of KIRSTEN G., Appellant, v. MELVIN G., SR., Respondent.

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

Decided October 25, 2016.


Viewing petitioner's testimony in a light most favorable to her, and accepting that testimony as true, we conclude that the testimony failed to establish a prima facie case that respondent's actions constituted the family offenses of harassment in the second degree, disorderly conduct or menacing in the third degree.

Petitioner testified that respondent never touched her during the September 23, 2014 incident. Although petitioner did testify that after the police...

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