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In Re Gloria Ortiz v. Silvino Colon

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 14, 2012

IN RE GLORIA ORTIZ, PETITIONER-APPELLANT,
v.
SILVINO COLON, RESPONDENT-RESPONDENT.

Matter of Matter of Ortiz v Colon

Decided on February 14, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Moskowitz, Freedman, Manzanet-Daniels, JJ.

Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about December 17, 2010, which, following a fact-finding hearing, in this proceeding brought pursuant to article 8 of the Family Court Act, dismissed the petition seeking an order of protection, unanimously affirmed, without costs.

Dismissal of the petition was appropriate since petitioner failed to establish by a preponderance of the evidence that respondent committed acts that would constitute harassment in the second degree (Penal Law § 240.26[2]; Family Court Act § 832). There exists no basis to disturb the credibility determinations of the Family Court (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 14, 2012

CLERK

20120214

© 1992-2012 VersusLaw Inc.



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