SHARICE v. PERRY (2023)

Order, Family Court, Bronx County (Jennifer S. Burtt, Ref.), entered on or about February 9, 2023, which, after a fact-finding hearing, determined that respondent father committed the family offense of harassment in the second degree, and directed him, inter alia, to stay away from petitioner mother until February 8, 2024, unanimously affirmed, without costs.

Petitioner proved by a fair preponderance of the evidence that respondent committed the family offense of harassment in the second degree (see Family Court Act § 832;  Penal Law § 240.26[3];  see also Matter of Everett C. v. Oneida P., 61 A.D.3d 489, 878 N.Y.S.2d 301 [1st Dept. 2009]).  Petitioner's testimony, which the court found credible, supports the finding that respondent engaged in a course of conduct, by repeatedly threatening to put petitioner and her new partner in a body bag, which served no legitimate purpose, with the intent of seriously annoying or alarming her (see Matter of Rosa G. v. Hipolito D., 215 A.D.3d 571, 187 N.Y.S.3d 615 [1st Dept. 2023]).  Respondent's intent to commit the family offense of harassment in the second degree is fairly inferable from the surrounding circumstances (see Matter of Tawanda A.A. v. Joseph D.A., 188 A.D.3d 401, 402, 136 N.Y.S.3d 10 [1st Dept. 2020]).