Opinion
10115
10-17-2019
In re JANOS L., Petitioner–Appellant, v. LYNNE D., Respondent–Respondent.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.
Manzanet–Daniels, J.P., Gische, Webber, Moulton, JJ.
Order, Family Court, New York County (Marva A. Burnett, Referee), entered on or about March 22, 2017, which, after a hearing, dismissed petitioner's family offense petition brought pursuant to article 8 of the Family Court Act, unanimously affirmed, without costs.
Petitioner failed to establish by a fair preponderance of the evidence that respondent had committed the family offense of harassment in the second degree (see Penal Law § 240.26 ; cf. Matter of Nafissatou D. v. Ibrahima B., 149 A.D.3d 517, 52 N.Y.S.3d 54 [1st Dept. 2017], lv denied 29 N.Y.3d 918, 2017 WL 4014962 [2017] ). Petitioner did not present evidence sufficient to establish that respondent had any intent to "harass, annoy, or alarm" him, nor did he present evidence establishing a course of conduct by respondent ( Penal Law § 240.26 ).