Matter of Sheureka L. v Sidney S.

Matter of Matter of Sheureka L. v Sidney S. 2012 NY Slip Op 08060 Decided on November 27, 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 November 27, 2012
Gonzalez, P.J., Saxe, Catterson, Acosta, Gische, JJ.
8495

[*1]In re Sheureka L., Petitioner-Respondent,

v

Sidney S., Respondent-Appellant.




Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of
counsel), for appellant.

Order, Family Court, New York County (Lori S. Sattler, J.) entered on or about September 8, 2011, which, after a fact-finding hearing in a proceeding brought pursuant to Article 8 of the Family Court Act, granted the petition for an order of protection, unanimously affirmed, without costs.

Petitioner established by a fair preponderance of the evidence that respondent committed acts warranting an order of protection in her favor (see Family Ct Act §§ 832, 834). Family Court found that respondent "smacked [petitioner] across her chest," as alleged in the petition. It also found that an additional incident occurred, supporting a finding of harassment in the second degree (Penal Law § 240.26; People v Wood, 59 NY2d 811 [1983]). Family Court also expressly found that petitioner's testimony was credible and respondent's testimony was not credible. No basis exists to disturb Family Court's findings of credibility (Matter of Norma B. v Sven H., 74 AD3d 464 [1st Dept 2010]).

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

ENTERED: NOVEMBER 27, 2012

CLERK