Opinion
1253.
05-26-2016
In re ALY T., Petitioner–Appellant, v. FRANCISCO B., Respondent–Respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Bruce K. Bentley, New York, for respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Bruce K. Bentley, New York, for respondent.
MAZZARELLI, J.P., ANDRIAS, RICHTER, MANZANET–DANIELS, KAHN, JJ.
Opinion
Order, Family Court, Bronx County (Lauren N. Lerner, Referee), entered on or about July 28, 2015, which, after a fact-finding hearing, dismissed the petition for an order of protection against respondent, unanimously affirmed, without costs.
Petitioner failed to establish by a preponderance of the evidence that respondent, the father of two of her children, committed any of the family offenses alleged in the petition, including harassment in the second degree, so as to justify the issuance of an order of protection (see Matter of Mildred R. v. Elizabeth R., 131 A.D.3d 892, 16 N.Y.S.3d 730 [1st Dept.2015], lv. denied 26 N.Y.3d 913, 2015 WL 7433132 [2015] ). Although petitioner's testimony and evidence as to the photograph posted on respondent's Facebook page meets the definition in common parlance of harassment, it does not sufficiently demonstrate that respondent committed acts that would constitute harassment in the second degree (see Penal Law § 240.26[3] ; see also Family Ct. Act § 812[1] ).
We have considered petitioner's remaining arguments and find them unavailing.