Opinion
2014-10-9
In re DELCIA W., Petitioner–Respondent, v. CARL S.W., Respondent–Appellant.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Leslie S. Lowenstein, Woodmere, for respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Leslie S. Lowenstein, Woodmere, for respondent.
TOM, J.P., FRIEDMAN, FEINMAN, GISCHE, KAPNICK, JJ.
Order, Family Court, New York County (Marva A. Burnett, Court Attorney Referee), entered on or about April 25, 2013, which, after a fact-finding determination that respondent committed the family offense of harassment, granted petitioner a one-year order of protection directing respondent to refrain from, inter alia, harassing or committing any criminal offense against petitioner, unanimously affirmed, without costs.
Although the allegation in the petition concerning August phone calls made by respondent father was not substantiated, a fair preponderance of the evidence supported the Family Court's finding that he committed an act on July 3, 2009 that constituted the family offense of harassment in the second degree, warranting the issuance of the order of protection (PL § 240.26[1]; Family Ct. Act § 832; see Tamara A. v. Anthony Wayne S., 110 A.D.3d 560, 560, 974 N.Y.S.2d 48 [1st Dept.2013] ). There is no basis to disturb 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] ).