IN RE: Basil Dalrymple (2011)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Basil Dalrymple, Petitioner–Appellant, v. Wanda Dalrymple, Respondent–Respondent.

4836

Decided: April 19, 2011

Andrias, J.P., Saxe, Moskowitz, Richter, Manzanet–Daniels, JJ.

Neal D. Futerfas, White Plains, for appellant. Elisa Barnes, New York, for respondent.

Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about February 18, 2009, which, after a fact-finding hearing in a proceeding brought pursuant to article 8 of the Family Court Act, dismissed the petition for an order of protection, unanimously affirmed, without costs.

Petitioner failed to establish by a fair preponderance of the evidence that respondent committed acts warranting an order of protection in his favor (see Family Court Act § 832; Matter of Everett C. v. Oneida P., 61 AD3d 489 [2009] ). Petitioner's claim that respondent attempted to poison him was unsubstantiated, and his assertion that he was fearful that respondent would harm him was not objectively reasonable (see Matter of Tyrone T. v. Katherine M., 78 AD3d 545 [2010] ). Furthermore, the police report did not indicate that respondent had a knife or weapons of any kind in her possession when the police responded to the parties' home.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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