Matter of Militza L. v. Ramon Luis C.

2017 NY Slip Op 7686, 155 A.D.3d 418, 62 N.Y.S.3d 804

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 2, 2017
• Docket: 4882
• Status: Published

Opinion

Order, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about July 5, 2016, which, after a fact-finding hearing, granted petitioner a one-year order of protection, unanimously affirmed, without costs.

A fair preponderance of the evidence establishes that respondent committed the family offense of harassment in the second degree (see Family Ct Act §§ 812, 832). Petitioner testified that, inter alia, respondent intentionally engaged in a course of conduct in 2013 and 2016 to alarm or seriously annoy her for no legitimate purpose (see Penal Law § 240.26 [3]), and there exists no basis to disturb the court’s credibility determinations (see e.g. Matter of Peter G. v Karleen K., 51 AD3d 541 [1st Dept 2008]).

Concur—Tom, J.P., Renwick, Mazzarelli, Oing and Singh, JJ.