SAWDEY DACEY v. DACEY (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Deborah SAWDEY-DACEY, Respondent, v. James DACEY, Appellant.

Decided: February 07, 1997

Before GREEN, J.P., and LAWTON, DOERR, BALIO and FALLON, JJ.

Christopher J. Laragy, Rochester, for Appellant. Deborah Sawdey-Dacey, Perry, pro se.

Petitioner failed to prove that respondent was guilty of harassment in the second degree. Petitioner presented proof of only a single incident, which does not constitute harassment (see, People v. Wood, 59 N.Y.2d 811, 812, 464 N.Y.S.2d 738, 451 N.E.2d 485; People v. Chasserot, 30 N.Y.2d 898, 899, 335 N.Y.S.2d 442, 286 N.E.2d 925).

Order unanimously reversed on the law without costs and petition dismissed.

MEMORANDUM:

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