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In the Matter of TARITA JONES, Appellant, v. TROY ROPER, Respondent.

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

We reject the petitioner's contention that the Family Court erred in summarily dismissing her petition. To the extent that the factual allegations set forth in the petition fell within the ambit of the Family Court's jurisdiction under Family Court Act § 812 (1), they were insufficient to allege the offense of harassment (see, Di Donna v Di Donna, 72 Misc.2d 231; Matter of Anderson v Anderson, 25 A.D.2d 512; People v Malausky, 127 Misc.2d 84; Family Ct Act § 821). Accordingly, the court properly dismissed the petition. Thompson, J.P., Bracken, Pizzuto and Santucci, JJ., concur.

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MATTER OF JONES v. ROPER
(Nov 16, 1992)