IN RE: INEZ A. (2023)

Order of fact-finding and disposition (one paper), Family Court, New York County (Jonathan H. Shim, J.), entered on or about September 15, 2022, which, after a fact-finding hearing, determined that respondent David A. committed the family offense of harassment in the second degree, and directed him to stay away from petitioner Inez A. until September 14, 2024, unanimously affirmed, without costs.

Petitioner established by a fair preponderance of the evidence that respondent's actions constituted the family offense of harassment in the second degree (see Penal Law § 240.26[3];  Family Ct Act § 832).  Respondent's actions, which included sending threatening text messages and repeatedly calling the police to conduct wellness checks on petitioner despite his knowledge that the checks were unnecessary, served no legitimate purpose and established a course of conduct that was undertaken with the intent of seriously annoying or alarming petitioner (see Matter of Doris M. v. Yarenis P., 161 A.D.3d 502, 502–503, 76 N.Y.S.3d 47 [1st Dept. 2018]).  Furthermore, 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]).

Family Court's credibility determinations are supported by the record, and we find no basis to disturb them (see Matter of Judith L.C. v. Lawrence Y., 179 A.D.3d 616, 616, 118 N.Y.S.3d 573 [1st Dept. 2020], lv denied 35 N.Y.3d 911, 2020 WL 5047416 [2020]).