Opinion
2013-01-17
In re MARIA C., Petitioner–Appellant, v. JAIME G., Respondent–Respondent.
Daniel R. Katz, New York, for appellant. Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for respondent.
Daniel R. Katz, New York, for appellant. Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for respondent.
Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 31, 2011, which dismissed the family offense petition for an order of protection, unanimously affirmed, without costs.
Petitioner failed to establish by a preponderance of the evidence that respondent committed a family offense (Family Court Act § 832). Petitioner is correct that the court erred in taking judicial notice of post-petition orders of protection issued against her in favor of respondent ( see Matter of Ungar v. Ungar, 80 A.D.3d 771, 915 N.Y.S.2d 614 [2nd Dept. 2011] ). However, in light of the court's finding that petitioner's testimony was incredible, the error was harmless ( see Matter of Dakota CC. [Arthur CC.], 78 A.D.3d 1430, 912 N.Y.S.2d 151 [3rd Dept. 2010] ).