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MATTER OF RUSSELL F. v. JAY F.

13063

120 A.D.3d 1159 (2014)

992 N.Y.S.2d 886

2014 NY Slip Op 06549

In the Matter of RUSSELL F., Appellant, v. BRANDON JAY F., Respondent.

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

Decided September 30, 2014.

The Family Court properly dismissed the petition, since petitioner failed to establish by a fair preponderance of the evidence that respondent, his brother, had committed any acts warranting an order of protection in petitioner's favor (see Matter of Everett C. v Oneida P., 61 A.D.3d 489 [1st Dept 2009]). No basis exists to disturb the Family Court's findings that respondent and his wife were more credible witnesses than petitioner...

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