Opinion
13082 Dkt. No. O-08564/19 Case No. 2020-02623
02-09-2021
In the Matter of STEFAN R., Petitioner–Appellant, v. YESENIA R., Respondent–Respondent.
Rosemary Rivieccio, New York, for appellant. Crotty Saland P.C., New York ( Samuel Coe of counsel), for respondent.
Rosemary Rivieccio, New York, for appellant.
Crotty Saland P.C., New York ( Samuel Coe of counsel), for respondent.
Manzanet–Daniels, J.P., Gische, Gonza´lez, Shulman, JJ.
Order, Family Court, New York County (Jessica Brenes, Referee), entered on or about May 29, 2020, which granted respondent's motion to dismiss the family offense petition for failure to state a cause of action, unanimously affirmed, without costs.
The court correctly dismissed the family offense petition against respondent on the ground that, even afforded a liberal construction and accepted as true, the petition failed to allege facts that, if proven, would establish that respondent committed the family offense of harassment in the second degree under Penal Law § 240.26(3) ( see Matter of Waldron v. Heyward, 155 A.D.3d 636, 637, 62 N.Y.S.3d 545 [2d Dept. 2017] ).