Matter of Ortiz v Colon

Matter of Matter of Ortiz v Colon 2012 NY Slip Op 01118 Decided on February 14, 2012 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 February 14, 2012
Mazzarelli, J.P., Saxe, Moskowitz, Freedman, Manzanet-Daniels, JJ.
6792

[*1]In re Gloria Ortiz, Petitioner-Appellant,

v

Silvino Colon, Respondent-Respondent.




Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel
of counsel), for appellant.

Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about December 17, 2010, which, following a fact-finding hearing, in this proceeding brought pursuant to article 8 of the Family Court Act, dismissed the petition seeking an order of protection, unanimously affirmed, without costs.

Dismissal of the petition was appropriate since petitioner failed to establish by a preponderance of the evidence that respondent committed acts that would constitute harassment in the second degree (Penal Law § 240.26[2]; Family Court Act § 832). There exists no basis to disturb the credibility determinations of the Family Court (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]).

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

ENTERED: FEBRUARY 14, 2012

CLERK