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MATTER OF ORTIZ v. COLON

6792.

92 A.D.3d 511 (2012)

938 N.Y.S.2d 427

2012 NY Slip Op 1118

In the Matter of GLORIA ORTIZ, Appellant, v. SILVINO COLON, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 14, 2012.

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 Ct Act § 832). There exists no basis to disturb the credibility determinations of the Family Court (see Matter of Everett C. v Oneida P., 61 A.D.3d 489

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