Matter of Ortiz v Colon
2012 NY Slip Op 01118 [92 AD3d 511]
February 14, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


In the Matter of Gloria Ortiz, Appellant,
v
Silvino Colon, Respondent.

—[*1] Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.

Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about December 17, 2010, which, following a fact-finding hearing, in this proceeding brought pursuant to article 8 of the Family Court Act, dismissed the petition seeking an order of protection, unanimously affirmed, without costs.

Dismissal of the petition was appropriate since petitioner failed to establish by a preponderance of the evidence that respondent committed acts that would constitute harassment in the second degree (Penal Law § 240.26 [2]; Family Ct Act § 832). There exists no basis to disturb the credibility determinations of the Family Court (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]). Concur—Mazzarelli, J.P., Saxe, Moskowitz, Freedman and Manzanet-Daniels, JJ.