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MATTER OF PHILLIP D.S. EX REL. KHLOE M. v. SHAMEL B.

Docket No. O-00595/21. Appeal No. 14628. Case No. 2021-01554.

199 A.D.3d 538 (2021)

159 N.Y.S.3d 5

2021 NY Slip Op 06460

In the Matter of Phillip D.S., Guardian Ad Litem on Behalf of Khloe M., Appellant, v. Shamel B., Respondent.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Rosemary Rivieccio , New York, for appellant.

John R. Eyerman , New York, for respondent.

Concur—Webber, J.P., Kern, González, Mendez, Shulman, JJ.

Pursuant to Family Ct Act § 812(2)(b), "a family court proceeding is a civil proceeding and is for the purpose of attempting to stop the violence, end the family disruption and obtain protection." In order "[t]o support a finding that a respondent has committed a family offense, a petitioner must prove [her] allegations by a fair preponderance of the evidence" (Matter of Everett C. v Oneida P., 61 A...

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