Matter of Pablo S. v Luz S.
2012 NY Slip Op 06657 [99 AD3d 455]
October 4, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


In the Matter of Pablo S., Appellant,
v
Luz S., Respondent.

[*1] Randall S. Carmel, Syosset, for appellant.

Gerald M. Pigott, Bethpage, for respondent.

Order, Family Court, New York County (Diane Costanzo, Special Ref.), entered on or about July 18, 2011, 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.

Petitioner failed to establish by a preponderance of the evidence that respondent, his estranged wife, had committed acts warranting an order of protection in petitioner's favor (see Family Ct Act § 832; Matter of Everett C. v Oneida P., 61 AD3d 489 [1st Dept 2009]). Petitioner did not offer sufficient evidence in support of his petition. As the Family Court noted, there were several glaring inconsistencies in his testimony and between that testimony and the information he provided to police. There is no reason to disturb the Family Court's credibility determinations (see id.). Concur—Andrias, J.P., Sweeny, Catterson, Moskowitz and Manzanet-Daniels, JJ.