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MATTER OF MAAME N.B. v. GODWIN E.D.C.

10053.

176 A.D.3d 483 (2019)

107 N.Y.S.3d 865

2019 NY Slip Op 07344

In the Matter of Maame N.B., Appellant, v. Godwin E.D.C., Respondent.

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

Decided October 10, 2019.

Attorney(s) appearing for the Case

Daniel R. Katz , New York, for appellant.

Kenneth M. Tuccillo , Hastings on Hudson, for respondent.

Concur—Renwick, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.

The determination that respondent's actions were insufficient to constitute the family offenses of either menacing in the third degree or harassment in the second degree is supported by a fair preponderance of the evidence (Family Ct Act § 832). The offense of menacing in the third degree was necessarily dismissed since there was no testimony that respondent's conduct was physically menacing (Penal Law § 120.15; Matter of Akheem B., 308 A...

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