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MATTER OF MAYERS v. THOMPSON

2015-05307, Docket No. O-31012-14.

145 A.D.3d 1010 (2016)

2016 NY Slip Op 08865

42 N.Y.S.3d 864

In the Matter of THERESA A. MAYERS, Respondent, v. KIMEON THOMPSON, Appellant.

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

Decided December 28, 2016.

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

"A family offense must be established by a fair preponderance of the evidence" (Matter of Sealy v Sealy, 134 A.D.3d 725, 725 [2015]). "In determining a motion to dismiss for failure to establish a prima facie case, the evidence must be accepted as true and given the benefit of every reasonable inference which may be drawn therefrom" (id....

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