Matter of Urmeala R. v Kusaw M.

Matter of Urmeala R. v Kusaw M. 2011 NY Slip Op 07680 Decided on November 1, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 1, 2011
Gonzalez, P.J., Tom, Sweeny, Renwick, Román, JJ.
5910

[*1]In re Urmeala R., Petitioner-Respondent,

v

Kusaw M., Respondent-Appellant.




Steven N. Feinman, White Plains, for appellant.

Order, Family Court, Bronx County (Andrea Masley, J.), entered on or about December 20, 2010, which, upon a finding that respondent committed the family offense of harassment in the second degree, granted the petition for an order of protection, unanimously affirmed, without costs.

The determination that respondent committed the offense of harassment in the second degree was supported by a fair preponderance of the evidence (see Penal Law § 240.26; Family Court Act § 832). The record shows that on various occasions, respondent pinched petitioner, pulled her hair and kicked her in the stomach at a time when she was pregnant. There exists no basis to disturb the credibility determinations of the court
(see Matter of Hunt v Hunt, 51 AD3d 924, 925 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 1, 2011

CLERK