IN RE: B. H. (2026)

Order, Family Court, New York County (Stephanie Schwartz, J.), entered on or about April 29, 2025, which, after a fact-finding hearing, found that petitioner failed to establish that a family offense was committed against her and dismissed the family offense petition with prejudice, unanimously affirmed, without costs.

Family Court properly dismissed the petition because petitioner failed to establish by a fair preponderance of the evidence that respondent, her brother, had committed any acts warranting an order of protection in petitioner's favor (Family Court Act § 832;  Matter of Everett C. v. Oneida P., 61 A.D.3d 489, 489, 878 N.Y.S.2d 301 [1st Dept. 2009]).  The court's credibility determinations are entitled to deference, and, in any event, there is no basis to disturb them (see Matter of R.H. v. M.C.H., 239 A.D.3d 577, 578, 235 N.Y.S.3d 45 [1st Dept. 2025]).