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MATTER OF RHINA M.M. v. SANDY M.M.

1812.

143 A.D.3d 426 (2016)

2016 NY Slip Op 06453

38 N.Y.S.3d 416

In the Matter of RHINA M.M., Respondent, v. SANDY M.M., Appellant.

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

Decided October 4, 2016.

A fair preponderance of the evidence supports the finding that respondent committed the family offenses of attempted assault in the third degree (Penal Law §§ 110.00, 120.00) and harassment in the second degree (Penal Law § 240.26) (see Family Ct Act § 832; Matter of Marisela N. v Lacy M.S., 101 A.D.3d 425 [1st Dept 2012]). The court credited the testimony of petitioner's friend, an eyewitness, that respondent...

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