Fatima V. v. Ramon V.

Full title: In re FATIMA V., Petitioner–Appellant, v. RAMON V., Respondent–Respondent.

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

Date published: Nov 15, 2012

100 A.D.3d 509 (N.Y. App. Div. 2012)

953 N.Y.S.2d 854

2012 N.Y. Slip Op. 7776

Opinion

2012-11-15

In re FATIMA V., Petitioner–Appellant, v. RAMON V., Respondent–Respondent.

Law Offices of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.

Order, Family Court, New York County (Fiordaliza A. Rodriguez, Referee), entered on or about September 20, 2011, which, after a fact-finding hearing, dismissed the petition for an order of protection, unanimously affirmed, without costs.

The determination that respondent's actions did not rise to the level of the family offenses of harassment in the second degree, menacing in the third degree and disorderly conduct is supported by a fair preponderance of the evidence ( seeFamily Court Act § 832). Petitioner did not offer sufficient evidence in support of her petition, and there exists no basis to disturb the credibility determinations of the court ( see Matter of Everett C. v. Oneida P., 61 A.D.3d 489, 878 N.Y.S.2d 301 [1st Dept. 2009] ).

FRIEDMAN, J.P., CATTERSON, RENWICK, DeGRASSE, ROMÁN, JJ., concur.