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IN THE MATTER OF CATALAN v. CATALAN

2008-03494

2009 NY Slip Op 02593

IN THE MATTER OF FRESIA CATALAN, respondent, v. CARLOS GARCES CATALAN, appellant. (Docket No. O-5581-08).

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

Decided March 31, 2009.

Attorney(s) appearing for the Case

Zvi Ostrin, New York, N.Y., for appellant.

Mark Brandys, New York, N.Y., for respondent.

Before: Robert A. Spolzino, J.P., Anita R. Florio, Joseph Covello, Randall T. Eng, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The fair preponderance of the evidence supports the Family Court's determination that the appellant committed acts constituting harassment in the second degree in violation of Penal Law § 240.26(3), warranting the issuance of the order of protection, inter alia, directing him to stay away from his mother for a period of two years (see Tabernuro v Jones, ...

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