New York Supreme Court Appellate Division, First Department
October 4, 2012
IN RE PABLO S., PETITIONER-APPELLANT,
LUZ S., RESPONDENT-RESPONDENT.
Matter of Matter of Pablo S. v Luz S.
Decided on October 4, 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.
Andrias, J.P., Sweeny, Catterson, Moskowitz, Manzanet-Daniels, JJ.
Order, Family Court, New York County (Diane Costanzo, Special Referee), entered on or about July 18, 2011, which, after a fact-finding hearing in a proceeding brought pursuant to Article 8 of the Family Court Act, dismissed the petition for an order of protection, unanimously affirmed, without costs.
Petitioner failed to establish by a preponderance of the evidence that respondent, his estranged wife, had committed acts warranting an order of protection in petitioner's favor (see Family Court Act § 832; Matter of Everett C. v Oneida P., 61 AD3d 489 [1st Dept 2009]). Petitioner did not offer sufficient evidence in support of his petition. As the Family Court noted, there were several glaring inconsistencies in his testimony and between that testimony and the information he provided to police. There is no reason to disturb the Family Court's credibility determinations (see id.).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 4, 2012
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