Matter of Isabel T. v. Lucien W. , 28 N.Y.S.3d 316 ( 2016 )

Matter of Isabel T. v Lucien W. (2016 NY Slip Op 02906)

Matter of Isabel T. v Lucien W.

2016 NY Slip Op 02906

Decided on April 14, 2016

Appellate Division, First Department

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.

Decided on April 14, 2016
Mazzarelli, J.P., Acosta, Moskowitz, Gische, Webber, JJ.

824

[*1]In re Isabel T., Petitioner-Appellant,

v

Lucien W., Respondent-Respondent.

Tennille M. Tatum-Evans, New York, for appellant.

Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about March 17, 2015, which, after a fact-finding hearing, dismissed petitioner's family offense petition against respondent, unanimously affirmed, without costs.

Petitioner failed to establish, by a fair preponderance of the evidence, that respondent had committed the family offenses of harassment in the second degree and disorderly conduct (Matter of Tamara A. v Anthony Wayne S., 110 AD3d 560, 560 [1st Dept 2013]). Family Court found neither party to be credible, and its finding is supported by the record and entitled to deference (see

Matter of Buskey v Buskey, 133 AD3d 655, 656 [2d Dept 2015]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 14, 2016

CLERK