Opinion
2012-11-27
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.
GONZALEZ, P.J., SAXE, CATTERSON, ACOSTA, GISCHE, JJ.
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 N.Y.2d 811, 464 N.Y.S.2d 738, 451 N.E.2d 485 [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 A.D.3d 464, 901 N.Y.S.2d 519 [1st Dept.2010] ).