Ortiz v. Colon (92 A.D.3d 511, 2012)

Dismissal of the petition was appropriate since petitioner failed to establish by a preponderance of the evidence that respondent committed acts that would constitute harassment in the second degree (Fenal Law § 240.26 [2]; Family Ct Act § 832). There exists no basis to disturb the credibility determinations of the Family Court (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]). Concur — Mazzarelli, J.E, Saxe, Moskowitz, Freedman and Manzanet-Daniels, JJ.