Matter of Abu I. v Zaratu I.

Matter of Abu I. v Zaratu I. 2013 NY Slip Op 07276 Decided on November 7, 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 7, 2013
Mazzarelli, J.P., Acosta, Saxe, Richter, Feinman, JJ. 10982-
10982A

[*1]In re Abu I., Petitioner-Appellant,

v

Zaratu I., Respondent-Respondent.




Andrew J. Baer, New York, for appellant.

Orders, Family Court, Bronx County (David B. Cohen, J.), entered on or about November 30, 2012, which, after a fact-finding hearing, respectively, dismissed with prejudice the petition alleging family offenses against respondent, and ordered a full order of protection against petitioner, unanimously affirmed, without costs.

A fair preponderance of the evidence supports the court's finding that petitioner committed acts that would constitute assault in the third degree, menacing in the second and third degrees, and criminal obstruction of breathing or blood circulation (see Family Court Act §§ 812; 832). The court's
credibility determinations are supported by the record and therefore entitled to deference (see Matter of Creighton v Whitmore, 71 AD3d 1141 [2d Dept 2010]).

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

ENTERED: NOVEMBER 7, 2013

CLERK