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MATTER OF RAQUELINA V. v. CRISTIAN J.N.

10374.

177 A.D.3d 502 (2019)

110 N.Y.S.3d 544

2019 NY Slip Op 08368

In the Matter of Raquelina V., Appellant, v. Cristian J.N., Respondent.

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

Decided November 19, 2019.

Petitioner failed to establish by a preponderance of the evidence that respondent had committed acts constituting disorderly conduct or harassment in the second degree (see Matter of Everett C. v Oneida P., 61 A.D.3d 489 [1st Dept 2009]; Penal Law §§ 240.20, 240.26[3]). Petitioner's hearing testimony plainly contradicted the facts alleged in the family offense petition.

Even crediting petitioner's testimony, the...

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