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MATTER OF BELKIS N. v. GILBERTO N.

7313.

165 A.D.3d 489 (2018)

83 N.Y.S.3d 40

2018 NY Slip Op 06818

In the Matter of Belkis N., Appellant, v. Gilberto N., Respondent.

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

Decided October 11, 2018.

Petitioner failed to establish by a preponderance of the evidence that respondent committed acts warranting an order of protection in her favor, particularly in light of the court's finding that none of the testimony was credible (see Family Ct Act § 832; Matter of Everett C. v Oneida P., 61 A.D.3d 489 [1st Dept 2009]). The record shows that petitioner, while represented by counsel, withdrew a prior family offense petition...

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