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MATTER OF THELMA U. v. MIKO U.

2455.

145 A.D.3d 527 (2016)

2016 NY Slip Op 08331

43 N.Y.S.3d 321

In the Matter of THELMA U., Appellant, v. MIKO U., Respondent.

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

Decided December 13, 2016.

The determination that respondent's actions did not rise to the family offense of either disorderly conduct or harassment in the second degree is supported by a fair preponderance of the evidence (see Matter of Everett C. v Oneida P., 61 A.D.3d 489 [1st Dept 2009]; Penal Law §§ 240.20, 240.26[3]). The offense of disorderly conduct was necessarily dismissed since none of the acts alleged occurred in public, were intended...

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