| Matter of Russell F. v Brandon Jay F. |
| 2014 NY Slip Op 06549 [120 AD3d 1159] |
| September 30, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Russell F.,
Appellant, v Brandon Jay F., Respondent. |
Leslie S. Lowenstein, Woodmere, for appellant.
Newman & Denney P.C., New York (Briana Denney of counsel), for respondent.
Order, Family Court, New York County (Jane Pearl, J.), entered on or about August 9, 2013, which, after a fact-finding hearing in a proceeding brought pursuant to article 8 of the Family Court Act, dismissed the petition for an order of protection, unanimously affirmed, without costs.
The Family Court properly dismissed the petition, since petitioner failed to establish by a fair preponderance of the evidence that respondent, his brother, had committed any acts warranting an order of protection in petitioner's favor (see
Matter of Everett C. v Oneida P., 61 AD3d 489 [1st Dept 2009]). No basis exists to disturb the Family Court's findings that respondent and his wife were more credible witnesses than petitioner (id.). Concur—Mazzarelli, J.P., Andrias, Moskowitz, Manzanet-Daniels and Clark, JJ.