Matter of Russell F. v. Brandon Jay F.

120 A.D.3d 1159, 992 N.Y.S.2d 886

Opinion

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 AD3d 489 [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.).

Concur — Mazzarelli, J.P, Andrias, Moskowitz, ManzanetDaniels and Clark, JJ.