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IN THE MATTER OF ANONYMOUS v. ANONYMOUS
Appellate Division of the Supreme Court of New York, Second Department.
Nov 14, 2005
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Ordered that the order is affirmed, without costs or disbursements.
The allegations in the petition in a family offense proceeding seeking the issuance of an order of protection must be supported by "a fair preponderance of the evidence" (Family Ct Act § 832; see Matter of Dabbene v. Dabbene, 297 AD2d 812; Matter of Hogan v. Hogan, 271 AD2d 533). Here, the evidence proffered in support of the petition failed to establish that the respondent committed a family offense ( see Family Ct Act § 812; Matter of Garland v. Garland, 3 AD3d 496; Matter of London v. Blazer, 2 AD3d 860).
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