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MATTER OF STEFAN R. v. YESENIA R.

Docket No. O-08564/19. Appeal No. 13082. Case No. 2020-02623.

191 A.D.3d 486 (2021)

138 N.Y.S.3d 301

2021 NY Slip Op 00814

In the Matter of Stefan R., Appellant, v. Yesenia R., Respondent.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Rosemary Rivieccio , New York, for appellant.

Crotty Saland P.C., New York ( Samuel Coe of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.

The court correctly dismissed the family offense petition against respondent on the ground that, even afforded a liberal construction and accepted as true, the petition failed to allege facts that, if proven, would establish that respondent committed the family offense of harassment in the second degree under Penal Law § 240.26(3) (see Matter of Waldron v Heyward, 155 A.D.3d 636, 637 [2d...

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