Opinion
02-27-2024
In the Matter of TIKIYA S., Petitioner–Appellant, v. KYLE R.G., Respondent–Respondent.
Andrew J. Baer, New York, for appellant. Carol Kahn, New York, for respondent.
Andrew J. Baer, New York, for appellant.
Carol Kahn, New York, for respondent.
Singh, J.P., Friedman, González, Higgitt, Michael, JJ.
Order, Family Court, New York County (Valerie A. Pels, J.), entered on or about November 29, 2022, which, after a fact-finding hearing, found that petitioner failed to establish the family offenses of harassment in the first and second degrees and dismissed the family offense petition with prejudice, unanimously affirmed, without costs.
[1] Petitioner failed to establish the family offense of harassment in the first degree, because the alleged events—the 2018 knife incident and the strangulation incident—were single incidents and this family offense requires proof of a course of conduct or repeated commission of acts of harassment (see Matter of Melissa N. v. Jeffrey B., 176 A.D.3d 519, 519, 108 N.Y.S.3d 854 [1st Dept. 2019], lv denied 34 N.Y.3d 909, 2020 WL 729151 [2020]).
[2, 3] Family Court properly declined to consider petitioner’s testimony about the strangulation incident, which was not alleged in the family offense petition (see Matter of Tawanda. A.A. v. Joseph D.A., 188 A.D.3d 401, 402, 136 N.Y.S.3d 10 [1st Dept. 2020]). Regarding the 2018 knife incident, we see no reason to disturb the Family Court’s findings, namely that petitioner failed to demonstrate that respondent brandished a knife "with intent to harass, annoy or alarm" her (Penal Law § 240.26).
We have considered petitioner’ remaining arguments, including her claim that she was deprived of the effective assistance of counsel, and find them unavailing.