| Matter of Lillian A. v Nicholas A. |
| 2015 NY Slip Op 06989 [131 AD3d 900] |
| September 29, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Lillian A.,
Appellant, v Nicholas A., Respondent. |
Tennille M. Tatum-Evans, New York, for appellant.
Kenneth M. Tuccillo, Hastings on Hudson, for respondent.
Order, Family Court, New York County (Christopher W. Coffey, Referee), entered on or about May 22, 2014, which, after a fact-finding hearing, among other things, dismissed the petition for an order of protection, unanimously affirmed, without costs.
The Family Court properly dismissed the petition, because petitioner failed to establish by a fair preponderance of the evidence that respondent, her brother, had committed any acts warranting an order of protection in her 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 two nonparty witnesses were more credible than petitioner (id.). Concur—Mazzarelli, J.P., Sweeny, Renwick and Manzanet-Daniels, JJ.