Susan S. v. Jacqueline S.
Matter
of Susan S. v Jacqueline S.
2013
NY Slip Op 00006 [102 AD3d 403]
January
3, 2013
Appellate
Division, First Department
Published
by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As
corrected through Wednesday, February 27, 2013
In
the Matter of Susan S., Appellant,
v
Jacqueline
S., Respondent. Jacqueline S., Respondent, v Susan S., Appellant.
—[*1]
George
E. Reed, Jr., White Plains, for appellant.
Richard
L. Herzfeld P.C., New York (Richard L. Herzfeld of counsel), for respondent.
Orders,
Family Court, New York County (George L. Jurow, J.H.O.), entered on or about
July 14, 2011, which, after a fact-finding hearing in proceedings brought
pursuant to article 8 of the Family Court Act, granted Jacqueline S.'s petition
for a two-year order of protection against Susan S., and dismissed Susan S.'s
cross petition for an order of protection against Jacqueline S., unanimously
affirmed, without costs.
The
determination that Susan had committed the family offenses of harassment in the
second degree and attempted assault in the third degree is supported by a fair
preponderance of the evidence (see Family Ct Act §§ 812 [1]; 832). Susan,
however, did not establish, by a fair preponderance of the evidence, that
Jacqueline had committed acts warranting an order of protection. The court's
credibility determinations are supported by the record, and there is no
[*2]basis to disturb them (see Matter of Lisa S. v William V., 95 AD3d 666 [1st
Dept 2012]).
We
have considered Susan's remaining contentions and find them unavailing.
Concur—Gonzalez, P.J., Friedman, Saxe, Richter and Abdus-Salaam, JJ.