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In the Matter of Lori J. Chase-Triou v. James M. Triou

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 29, 2012

IN THE MATTER OF LORI J. CHASE-TRIOU,
PETITIONER-RESPONDENT,
v.
JAMES M. TRIOU, JR.,
RESPONDENT-APPELLANT.

Appeal from an order of the Family Court, Wayne County (Daniel G. Barrett, J.), entered March 19, 2010 in a proceeding pursuant to Family Court Act article 8.

Matter of Matter of Chase-Triou v Triou

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 29, 2012

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.

The order granted petitioner an order of protection through March 19, 2011.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order of protection entered in favor of petitioner and her two daughters. We conclude that Family Court properly determined that petitioner met her burden of establishing by a preponderance of the evidence that respondent committed the family offense of harassment in the second degree (see Family Ct Act § 812 [1]; Penal Law § 240.26 [3]; see generally Matter of Harrington v Harrington, 63 AD3d 1618, 1619, lv denied 13 NY3d 705), thus warranting the issuance of an order of protection. Entered: June 29, 2012 Frances E. Cafarell Clerk of the Court

20120629

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