Lillian A. v. Nicholas A.

131 A.D.3d 900, 16 N.Y.S.3d 728

Opinion

Order, Family Court, New York County (Christopher W. Coffey, Referee), entered on or about May 22, 2014, which, after a fact-finding hearing, among other things, dismissed the petition for an order of protection, unanimously affirmed, without costs.

The Family Court properly dismissed the petition, because petitioner failed to establish by a fair , preponderance of the evidence that respondent, her brother, had committed any acts warranting an order of protection in her favor (see Matter of Everett C. v Oneida P., 61 AD3d 489 [1st Dept 2009]). No basis exists to disturb the Family Court’s findings that respondent and two nonparty witnesses were more credible than petitioner (id.).

Concur — Mazzarelli, J.P., Sweeny, Renwick and Manzanet-Daniels, JJ.