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MATTER OF PERRIE M. v. CADEN M.

4522.

153 A.D.3d 1200 (2017)

2017 NY Slip Op 06712

60 N.Y.S.3d 676

In the Matter of RYAN PERRIE M., Respondent, v. CADEN M. M., Appellant.

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

Decided September 28, 2017.

The Referee erred in determining that respondent's actions constituted the family offense of assault in the third degree because the facts necessary to support such a finding were not alleged in the petition (see Matter of Sasha R. v Alberto A., 127 A.D.3d 567 [1st Dept 2015]). Contrary to respondent's contention, however, the petition sufficiently alleged facts that, if proven, would constitute the family offenses of attempted assault...

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