| Matter of B.H. v B.H. |
| 2026 NY Slip Op 00838 [246 AD3d 510] |
| February 17, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of B.H., Appellant, v B.H., Respondent. |
Douglas H. Reiniger, New York, for appellant.
Bobby L. Hughley, Jr., New York, for respondent.
Order, Family Court, New York County (Stephanie Schwartz, J.), entered on or about April 29, 2025, which, after a fact-finding hearing, found that petitioner failed to establish that a family offense was committed against her and dismissed the family offense petition with prejudice, unanimously affirmed, without costs.
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 petitioner's favor (Family Ct Act § 832; Matter of Everett C. v Oneida P., 61 AD3d 489, 489 [1st Dept 2009]). The court's credibility determinations are entitled to deference, and, in any event, there is no basis to disturb them (see Matter of R.H. v M.C.H., 239 AD3d 577, 578 [1st Dept 2025]). Concur—Moulton, J.P., Friedman, González, O'Neill Levy, Chan, JJ.