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IN THE MATTER OF BHANOTE v. BHANOTE

Appellate Division of the Supreme Court of New York, Second Department.
Oct 3, 2005
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Ordered that the order is reversed, on the law and the facts, with costs, the petition is reinstated, and the matter is remitted to the Family Court, Queens County, for a dispositional hearing and the entry of an appropriate order of disposition.

Contrary to the Family Court's determination, the petitioner established, by a fair preponderance of the evidence, that the respondent committed acts constituting harassment in the second degree and disorderly conduct, warranting the issuance of an order of protection against him ( see Family Ct Act § 812; § 832; Penal Law § 240.26; § 240.20; Matter of Clarke v. Clarke, 8 AD3d 375; Matter of Pesce v. Pesce, 223 AD2d 647). Accordingly, the matter is remitted to the Family Court for a dispositional hearing and entry of an appropriate dispositional order ( see Family Ct Act §§ 833, 841 [d]; § 842).