Summary
finding insufficient allegations for harassment where an individual "stared at [a woman] in a way that made her feel scared and intimidated . . . came to a store where she was, walked up to within two feet of her and called her a derogatory name."
Summary of this case from Abusikin v. City of New YorkOpinion
12-29-2015
In re TEANNA P., Petitioner–Appellant, v. DAVID M., Respondent–Respondent.
Tennille M. Tatum–Evans, New York, for appellant. Building Service 32BJ Legal Services Fund, New York (Alan M. Snyder of counsel), for respondent.
Tennille M. Tatum–Evans, New York, for appellant.
Building Service 32BJ Legal Services Fund, New York (Alan M. Snyder of counsel), for respondent.
Order, Family Court, Bronx County (David Gilman, J.H.O.), entered on or about December 16, 2014, which, after a fact-finding hearing, dismissed the petition for an order of protection and vacated a temporary order of protection, unanimously affirmed, without costs.
Family Court properly determined that petitioner failed to prove by a fair preponderance of the evidence that respondent's alleged conduct established a family offense (see Matter of Rafael F. v. Pedro Pablo N., 106 A.D.3d 635, 965 N.Y.S.2d 718 [1st Dept.2013] ). Petitioner alleged that respondent walked by her apartment building when she was in the front yard and stared at her in a way that made her feel scared and intimidated. She also asserted that respondent came to a store where she was, walked up to within two feet of her and called her a derogatory name. Even accepting these allegations as true, they do not support a determination that respondent's conduct constituted either harassment in the second degree or disorderly conduct (see Matter of Christine P. v. Machiste Q., 124 A.D.3d 531, 2 N.Y.S.3d 102 [1st Dept.2015] ; Penal Law § 240.26 ; § 240.20).
MAZZARELLI, J.P., SWEENY, MANZANET–DANIELS, GISCHE, JJ., concur.