IN RE: E.T. (2025)

Orders of protection and fact-finding and disposition, Family Court, Bronx County (Lesley A. Johannsen, Ref.), entered on or about February 15, 2024, which, after a hearing, determined that respondent J.R. committed the family offense of harassment in the second degree, granted the petition, and issued a six-month order of protection directing respondent to stay away and not contact petitioner until August 14, 2024, unanimously affirmed, without costs.

Although the order of protection issued to petitioner has expired by its own terms, given the enduring consequences that may flow from an adjudication that respondent committed a family offense, we will address the merits of the appeal (see Matter of Jasna Mina W. v. Waheed S., 170 A.D.3d 572, 572, 97 N.Y.S.3d 49 [1st Dept. 2019]).

A fair preponderance of the evidence established that respondent's actions constituted the family offense of harassment in the second degree (see Family Ct Act §§ 812[1];  832;  Penal Law § 240.26[3]).  Respondent's behavior and actions, including accessing petitioner's email account without permission and canceling petitioner's trips without petitioner's knowledge;  sending petitioner a text message asking if petitioner was having travel difficulties and telling him that he was going to be delayed or detained while traveling abroad;  and appearing at petitioner's place of employment, bus stop, and apartment building were all done with the intent to alarm or seriously annoy petitioner and served no legitimate purpose (see Matter of Inez A. v. David A., 222 A.D.3d 547, 202 N.Y.S.3d 298 [1st Dept. 2023]).

Respondent's assertion that there was insufficient proof of his intent is unavailing, as his “intent was fairly inferred from his actions” (Matter of Sarah W. v. David W., 100 A.D.3d 463, 463, 953 N.Y.S.2d 502 [1st Dept. 2012]).  Family Court's credibility determinations in petitioner's favor are entitled to great deference and we find no basis to disturb them (see Matter of I.E. v. J.I., 233 A.D.3d 608, 608, 222 N.Y.S.3d 444 [1st Dept. 2024];  Matter of Lisa S. v. William V., 95 A.D.3d 666, 943 N.Y.S.2d 886 [1st Dept. 2012]).  The issuance of the six-month order of protection was appropriate as it was likely to “be helpful in eradicating the root of the family disturbance” (Matter of Oksoon K. v. Young K., 115 A.D.3d 486, 487, 981 N.Y.S.2d 423 [1st Dept. 2014], lv denied 24 N.Y.3d 902, 2014 WL 4454914 [2014]).