Opinion
2014-06329 (Docket No. O-15329-13)
2015-06-03
In the Matter of Anita R. RAMDHANIE, respondent, v. Dhansham RAMDHANIE, appellant.
Dillon, J.P., Dickerson, Chambers and Barros, JJ., concur.
Heath J. Goldstein, Jamaica, N.Y., for appellant.
Appeal from an order of protection of the Family Court, Queens County (Anne–Marie Jolly, J.), dated June 6, 2014. The order of protection, upon a finding that Dhansham Ramdhanie committed the family offenses of disorderly conduct, reckless endangerment in the second degree, and harassment in the second degree, directed him, inter alia, to refrain from communicating in any way with the petitioner until and including June 6, 2016.
ORDERED that the order of protection is affirmed, without costs or disbursements.
A family offense must be established by a fair preponderance of the evidence ( seeFamily Ct. Act § 832; Matter of Pearlman v. Pearlman, 78 A.D.3d 711, 911 N.Y.S.2d 87). Contrary to the appellant's contention, a fair preponderance of the evidence supports the Family Court's determination, after a hearing, that he committed acts constituting the family offenses of disorderly conduct, reckless endangerment in the second degree, and harassment in the second degree ( seePenal Law §§ 120.20, 240.20, 240.26; Family Ct. Act § 812[1]; People v. Valerio, 60 N.Y.2d 669, 468 N.Y.S.2d 100, 455 N.E.2d 659; People v. Wood, 59 N.Y.2d 811, 464 N.Y.S.2d 738, 451 N.E.2d 485; Matter of Joy T., 106 A.D.3d 456, 964 N.Y.S.2d 511). Thus, the issuance of the order of protection appealed from was warranted.
The appellant's remaining contention is without merit.