Opinion
06-07-2016
In re JASMINE E.C., Petitioner–Respondent, Gabriel J.C., Respondent–Appellant.
Larry S. Bachner, Jamaica, for appellant. Jo Ann Douglas, New York, for respondent.
Larry S. Bachner, Jamaica, for appellant.
Jo Ann Douglas, New York, for respondent.
Opinion Order of protection, Family Court, New York County (Gail A. Adams, Referee), entered on or about July 24, 2015, after a hearing, unanimously affirmed, without costs.
While the court credited petitioner's testimony as to the “frightening” history of violence and harassment to which respondent subjected her, it did not make an express finding that respondent committed any of the family offenses asserted in the petition. However, a fair preponderance of the evidence supports the conclusion that respondent committed harassment in the second degree and menacing in the second degree (Penal Law §§ 240.26[2], [3] ; 120.14[2]; see Matter of Kaur v. Singh, 73 A.D.3d 1178, 900 N.Y.S.2d 895 [2d Dept.2010] ). The court found credible petitioner's testimony that, in violation of prior orders of protection, respondent followed her wherever she went, including on the train and popping out of bushes; tracked her down through Facebook, causing her to relocate to a shelter and to hide from him out of fear for her safety and that of her children; and harassed her by photographing her and her son during a court appearance. There is no basis for disturbing the court's determination crediting petitioner's version of events over that of respondent (Matter of William M. v. Elba Q., 121 A.D.3d 489, 994 N.Y.S.2d 110 [1st Dept.2014] ; Matter of Muldavin v. Muldavin, 248 A.D.2d 209, 670 N.Y.S.2d 24 [1st Dept.1998] ).
We have considered respondent's remaining arguments and find them unavailing.
TOM, J.P., SWEENY, MOSKOWITZ, RICHTER, GESMER, JJ., concur.