New York Supreme and/or Appellate Courts Appellate Division, First Department
February 14, 2012
IN RE GLORIA ORTIZ, PETITIONER-APPELLANT,
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; 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 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 14, 2012
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