Matter of Isabel T. v Lucien W.
2016 NY Slip Op 02906 [138 AD3d 521]
April 14, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 1, 2016


[*1]
 In the Matter of Isabel T., Appellant,
v
Lucien W., Respondent.

Tennille M. Tatum-Evans, New York, for appellant.

Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about March 17, 2015, which, after a fact-finding hearing, dismissed petitioner's family offense petition against respondent, unanimously affirmed, without costs.

Petitioner failed to establish, by a fair preponderance of the evidence, that respondent had committed the family offenses of harassment in the second degree and disorderly conduct (Matter of Tamara A. v Anthony Wayne S., 110 AD3d 560, 560 [1st Dept 2013]). Family Court found neither party to be credible, and its finding is supported by the record and entitled to deference (see Matter of Buskey v Buskey, 133 AD3d 655, 656 [2d Dept 2015]). Concur—Mazzarelli, J.P., Acosta, Moskowitz, Gische and Webber, JJ.