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MATTER OF JANOS L. v. LYNNE D.

10115.

176 A.D.3d 527 (2019)

108 N.Y.S.3d 834

2019 NY Slip Op 07499

In the Matter of Janos L., Appellant, v. Lynne D., Respondent.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

Law Office of Thomas R. Villecco, P.C., Jericho ( Thomas R. Villecco of counsel), for appellant.

Concur—Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.

Petitioner failed to establish by a fair preponderance of the evidence that respondent had committed the family offense of harassment in the second degree (see Penal Law § 240.26; cf. Matter of Nafissatou D. v Ibrahima B., 149 A.D.3d 517 [1st Dept 2017], lv denied 29 N.Y.3d 918 [2017]). Petitioner did not present evidence sufficient to establish that respondent had any intent...

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