Opinion
2013-11-12
In re SARAH McL., Petitioner–Appellant, v. CLARENCE L., Respondent–Respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.
Order, Family Court, New York County, (Lori S. Sattler, J.), entered on or about December 27, 2011, which, after a fact-finding hearing, dismissed the petition seeking an order of protection against respondent, unanimously affirmed, without costs.
While the Family Court may have erred in precluding testimony regarding threats that respondent allegedly made toward petitioner in 2009 and 2010 since the previous petition was concluded by stipulation, on consent of the parties, and the issues were not adjudicated on the merits ( see Brown v. Keating, 166 A.D.2d 220, 220, 564 N.Y.S.2d 101 [1st Dept.1990] ), the Court carefully evaluated the testimony concerning the most recent claims and found the petitioner to not be credible. Thus, we see no reason to disturb the court's findings and conclusions.