100 A.D.3d 547 955 N.Y.S.2d 302

(November 27, 2012)

In the Matter of Sheureka L., Respondent, v Sidney S., Appellant.

[955 NYS2d 302]

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 *548incident 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]). Concur — Gonzalez, EJ., Saxe, Catterson, Acosta and Gische, JJ.

Sheureka L. v. Sidney S.
100 A.D.3d 547 955 N.Y.S.2d 302

Case Details

Name
Sheureka L. v. Sidney S.
Decision Date
Nov 27, 2012
Citations

100 A.D.3d 547

955 N.Y.S.2d 302

Jurisdiction
New York

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