MATTER OF NUNEZ v. DIAZ

2015-12383, Docket No. O-25371/14.

145 A.D.3d 786 (2016)

2016 NY Slip Op 08364

41 N.Y.S.3d 910

In the Matter of VIRGILIA NUNEZ, Appellant, v. JOSEPH DIAZ, Respondent.

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

Decided December 14, 2016.


Ordered that the order of disposition is affirmed, without costs or disbursements.

The petitioner commenced this proceeding pursuant to Family Court Act article 8 alleging that the respondent was her nephew and that he committed various family offenses against her. After a hearing, the Family Court dismissed the petition. The petitioner appeals.

"In a family offense proceeding, the petitioner has the burden of establishing, by a `fair preponderance of the...

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