Dennis S. v. Tanya P.

Full title: In re DENNIS S., Petitioner–Respondent, v. TANYA P., Respondent–Appellant.

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: Jan 19, 2017

146 A.D.3d 621 (N.Y. App. Div. 2017)

2017 N.Y. Slip Op. 419

44 N.Y.S.3d 753

Opinion

01-19-2017

In re DENNIS S., Petitioner–Respondent, v. TANYA P., Respondent–Appellant.

Leslie S. Lowenstein, Woodmere, for appellant.

Leslie S. Lowenstein, Woodmere, for appellant.

Order, Family Court, Bronx County (Bonnie Cohen–Gallet, Referee), entered on or about May 30, 2014, which, upon a finding that respondent had committed acts constituting numerous family offenses, granted petitioner a one-year order of protection against respondent, unanimously affirmed, without costs.

A fair preponderance of the evidence included in the appellate record supports the court's finding that respondent committed acts constituting the family offense of attempted assault in the third degree (see Penal Law §§ 110.00/120.00). There is no basis to disturb the court's credibility determinations (see e.g. Matter of Marisela N. v. Lacy M.S., 101 A.D.3d 425, 955 N.Y.S.2d 322 [1st Dept.2012] ).

We do not address whether respondent's actions constitute any further family offenses, in light of the incomplete record on appeal.

FRIEDMAN, J.P., RENWICK, RICHTER, MOSKOWITZ, KAPNICK, JJ., concur.