Opinion
11775 Dkt. 0-1672/18
07-09-2020
In re Atiya D.K., Petitioner-Respondent, v. Curtis J.C., Respondent-Appellant.
Andrew J. Baer, New York, for appellant. Leslie S. Lowenstein, Woodmere, for respondent.
Andrew J. Baer, New York, for appellant.
Leslie S. Lowenstein, Woodmere, for respondent.
Acosta, P.J., Manzanet–Daniels, Kapnick, Singh, Gonza´lez, JJ.
Order of fact-finding, Family Court, New York County (Jacob K. Maeroff, Referee), entered on or about March 15, 2019, which determined that respondent committed the family offenses of disorderly conduct and harassment in the second degree, unanimously affirmed, without costs.
The finding that respondent committed the offenses of disorderly conduct and harassment in the second degree is supported by a fair preponderance of the evidence (see Family Court Act § 832 ). Petitioner testified that respondent confronted her in the vestibule of her apartment building, in the presence of others, and chastised her over her parenting of the parties' older child. Respondent was irate, and yelled at petitioner, poked his finger in her forehead, cursed at her, and spit on her as he exited the lobby of the building (see Penal Law § 240.20 [disorderly conduct]; Matter of William M. v. Elba Q., 121 A.D.3d 489, 994 N.Y.S.2d 110 [1st Dept. 2014] ). Petitioner also testified that, on another occasion, on the street outside her apartment building, respondent threatened her and the child with physical harm (see Penal Law § 240.26[1] [harassment in the second degree]; Matter of William M., 121 A.D.3d 489, 994 N.Y.S.2d 110 ).
We perceive no basis for disturbing the court's credibility determinations (see Matter of Melind M. v. Joseph P., 95 A.D.3d 553, 555, 944 N.Y.S.2d 82 [1st Dept. 2012] ).
We have considered respondent's remaining arguments and find them unavailing.