Opinion
2014-09-30
In re RUSSELL F., Petitioner–Appellant, v. BRANDON JAY F., Respondent–Respondent.
Leslie S. Lowenstein, Woodmere, for appellant. Newman & Denney P.C., New York (Briana Denney of counsel), for respondent.
Leslie S. Lowenstein, Woodmere, for appellant. Newman & Denney P.C., New York (Briana Denney of counsel), for respondent.
Order, Family Court, New York County (Jane Pearl, J.), entered on or about August 9, 2013, which, after a fact-finding hearing in a proceeding brought pursuant to article 8 of the Family Court Act, dismissed the petition for an order of protection, unanimously affirmed, without costs.
The Family Court properly dismissed the petition, since petitioner failed to establish by a fair preponderance of the evidence that respondent, his brother, had committed any acts warranting an order of protection in petitioner's favor ( see Matter of Everett C. v. Oneida P., 61 A.D.3d 489, 878 N.Y.S.2d 301 [1st Dept.2009] ). No basis exists to disturb the Family Court's findings that respondent and his wife were more credible witnesses than petitioner ( id.). MAZZARELLI, J.P., ANDRIAS, MOSKOWITZ, MANZANET–DANIELS, CLARK, JJ., concur.