| Matter of Maria C. v Jaime G. |
| 2013 NY Slip Op 00263 [102 AD3d 518] |
| January 17, 2013 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Maria C., Appellant, v Jaime G., Respondent. |
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Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for
respondent.
Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 31, 2011, which dismissed the family offense petition for an order of protection, unanimously affirmed, without costs.
Petitioner failed to establish by a preponderance of the evidence that respondent committed a family offense (Family Ct Act § 832). Petitioner is correct that the court erred in taking judicial notice of post-petition orders of protection issued against her in favor of respondent (see Matter of Ungar v Ungar, 80 AD3d 771 [2d Dept 2011]). However, in light of the court's finding that petitioner's testimony was incredible, the error was harmless (see Matter of Dakota CC. [Arthur CC.], 78 AD3d 1430 [3d Dept 2010]). Concur—Mazzarelli, J.P., Andrias, DeGrasse, Richter and Clark, JJ.