Isabel T. v. Lucien W.

Full title: In re ISABEL T., Petitioner–Appellant, v. LUCIEN W., Respondent–Respondent.

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

Date published: Apr 14, 2016

138 A.D.3d 521 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 2906

28 N.Y.S.3d 316

Opinion

04-14-2016

In re ISABEL T., Petitioner–Appellant, v. LUCIEN W., Respondent–Respondent.

Tennille M. Tatum–Evans, New York, for appellant.

Tennille M. Tatum–Evans, New York, for appellant.

Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about March 17, 2015, which, after a fact-finding hearing, dismissed petitioner's family offense petition against respondent, unanimously affirmed, without costs.

Petitioner failed to establish, by a fair preponderance of the evidence, that respondent had committed the family offenses of harassment in the second degree and disorderly conduct (Matter of Tamara A. v. Anthony Wayne S., 110 A.D.3d 560, 560, 974 N.Y.S.2d 48 [1st Dept.2013] ). Family Court found neither party to be credible, and its finding is supported by the record and entitled to deference (see Matter of Buskey v. Buskey, 133 A.D.3d 655, 656, 20 N.Y.S.3d 108 [2d Dept.2015] ).

MAZZARELLI, J.P., ACOSTA, MOSKOWITZ, GISCHE, WEBBER, JJ., concur.