Matter of Anthony A.N. v Kiddaly L.
2019 NY Slip Op 08266 [177 AD3d 468]
November 14, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 1, 2020


[*1]
 In the Matter of Anthony A.N., Appellant,
v
Kiddaly L., Respondent.

Leslie S. Lowenstein, Woodmere, for appellant.

Order, Family Court, Bronx County (Tracey A. Bing, J.), entered on or about July 10, 2018, which, after a hearing, dismissed petitioner's family offense petition with prejudice, unanimously affirmed, without costs.

Petitioner failed to establish by a preponderance of the evidence that respondent committed the family offense of harassment in the second degree (Penal Law § 240.26). There exists no basis to disturb the court's credibility determinations (see Matter of Everett C. v Oneida P., 61 AD3d 489 [1st Dept 2009]). Concur—Gische, J.P., Webber, Kern, Moulton, JJ.