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MATTER OF MARIA C. v. JAIME G.

9017.

2013 NY Slip Op 00263

IN RE MARIA C., Petitioner-Appellant, v. JAIME G., Respondent-Respondent.

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

Decided January 17, 2013.

Attorney(s) appearing for the Case

Daniel R. Katz , New York, for appellant.

Law Offices of Randall S. Carmel, Syosset ( Randall S. Carmel of counsel), for respondent.

Before: Mazzarelli, J.P., Andrias, DeGrasse, Richter, Clark, JJ.

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 A.D.3d 771 [2nd Dept 2011]). However, in light of the court's finding that petitioner's testimony was incredible...

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