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MATTER OF FRANKLIN R.C. v. YOELI M.A.

7408.

165 A.D.3d 534 (2018)

84 N.Y.S.3d 354

2018 NY Slip Op 07043

In the Matter of Franklin R.C., Appellant, v. Yoeli M.A., Respondent.

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

Decided October 23, 2018.

Viewing petitioner's testimony in a light most favorable to him, 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 offense of harassment in the second degree (see Matter of Fatima V. v Ramon V., 100 A.D.3d 509 [1st Dept 2012]). Petitioner also failed to establish that respondent's actions during the August 28, 2016 incident...

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