Matter of Sarah McL. v Clarence L.

Matter of Sarah McL. v Clarence L. 2013 NY Slip Op 07421 Decided on November 12, 2013 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 12, 2013
Tom, J.P., Andrias, Friedman, Freedman, Clark, JJ.
11003

[*1]In re Sarah McL., Petitioner-Appellant,

v

Clarence L., Respondent-Respondent.




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

Order, Family Court, New York County, (Lori S. Sattler, J.), entered on or about December 27, 2011, which, after a fact-finding hearing, dismissed the petition seeking an order of protection against respondent, unanimously affirmed, without costs.

While the Family Court may have erred in precluding testimony regarding threats that respondent allegedly made toward petitioner in 2009 and 2010 since the previous petition was concluded by stipulation, on consent of the parties, and the issues were not adjudicated on the merits (see Brown v Keating, 166 AD2d 220, 220 [1st Dept 1990]), the Court carefully evaluated the testimony concerning the most recent claims and found the petitioner to not be credible. Thus, we see no reason to disturb the court's findings and conclusions.

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

ENTERED: NOVEMBER 12, 2013

CLERK