New York Supreme Court Appellate Division, First Department
January 17, 2013
IN RE MARIA C., PETITIONER-APPELLANT,
JAIME G., RESPONDENT-RESPONDENT.
Matter of Maria C. v Jaime G.
Decided on January 17, 2013
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., Andrias, DeGrasse, Richter, Clark, JJ.
Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 31, 2011, which dismissed the family offense petition for an order of protection, unanimously affirmed, without costs.
Petitioner failed to establish by a preponderance of the evidence that respondent committed a family offense (Family Court Act § 832). Petitioner is correct that the court erred in taking judicial notice of post-petition orders of protection issued against her in favor of respondent (see Matter of Ungar v Ungar, 80 AD3d 771 [2nd Dept 2011]). However, in light of the court's finding that petitioner's testimony was incredible, the error was harmless (see Matter of Dakota CC. [Arthur CC.], 78 AD3d 1430 [3rd Dept 2010]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 17, 2013
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