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MATTER OF YAJAIRA B. v. VICTORIA B.

Docket No. O-433/21. Appeal No. 15825. Case No. 2021-02159.

204 A.D.3d 600 (2022)

165 N.Y.S.3d 317

2022 NY Slip Op 02863

In the Matter of Yajaira B., Appellant, v. Victoria B., Respondent.

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Law Office of Lewis S. Calderon, Jamaica ( Lewis S. Calderon of counsel), for appellant.

Richard L. Herzfeld, P.C., New York ( Richard L. Herzfeld of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.

The Family Court correctly dismissed the family offense petition without a hearing. Even afforded a liberal construction and accepted as true, the conclusory and nonspecific allegations in the petition fail to allege facts that, if proven, would establish that respondent committed the family offenses of harassment in the second degree under Penal Law § 240.26(3) or identity theft in the third degree under Penal Law § 190.78 (see Matter of Stefan R. v Yesenia...

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