Matter of Lisa S. v Raymond S.

Matter of Lisa S. v Raymond S. 2010 NY Slip Op 07591 [77 AD3d 557] October 26, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

In the Matter of Lisa S., Respondent,
v
Raymond S., Appellant.

—[*1] Dora M. Lassinger, East Rockaway, for appellant. Kenneth M. Tuccillo, Hastings-on-Hudson, for respondent.

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about October 28, 2009, which, upon a finding that respondent committed the family offenses of disorderly conduct and harassment in the second degree, granted petitioner's application for an order of protection against respondent, unanimously affirmed, without costs.

A preponderance of the credible evidence adduced at the hearing supported the court's determination that respondent committed the family offenses of disorderly conduct and harassment in the second degree, warranting the issuance of the order of protection (see Penal Law § 240.20 [1]; § 240.26 [3]; see also Family Ct Act § 812). There exists no basis to disturb the court's credibility determinations (see Matter of Hunt v Hunt, 51 AD3d 924, 925 [2008]). Any error in admitting hearsay testimony that respondent abused his younger sibling was harmless, as the court expressly limited its decision to respondent's actions towards petitioner alone (see e.g. Matter of Daniel R. v Noel R., 195 AD2d 704, 708 [1993]). Concur—Tom, J.P., Saxe, Catterson, Renwick and DeGrasse, JJ.