IN RE: D.W. (2025)

Orders, Family Court, New York County (Pamela B. Scheininger, Ref.), entered on or about February 5, 2025, which dismissed the family offense petitions against respondents without prejudice, unanimously affirmed, without costs.

Although Family Court found that respondents’ actions constituted the family offense of disorderly conduct (Penal Law § 240.20), the court did not abuse its discretion in finding that an order of protection was not warranted under the circumstances.

The record shows that petitioner never made any specific claims that she feared continued violence from respondents.  The record also shows that respondents never violated the temporary order of protection in the two-and-a-half years the underlying proceeding was pending.

We reject petitioner's suggestion that this Court should substitute its own findings for that of Family Court;  “it cannot be said that [Family Court's] determination could not be reached under any fair interpretation of the evidence” (Yoba v. Yoba, 183 A.D.2d 418, 418, 583 N.Y.S.2d 393 [1st Dept. 1992]).

Contrary to petitioner's contention, Family Court did not terminate the proceedings prematurely as there is no dispute that respondents testified in support of their direct case before the court dismissed the petitions.