IN RE: Russell F. (2014)

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

IN RE: Russell F., Petitioner–Appellant, v. Brandon Jay F., Respondent–Respondent.

1306 3

Decided: September 30, 2014

Mazzarelli, J.P., Andrias, Moskowitz, Manzanet–Daniels, Clark, JJ.

Leslie S. Lowenstein, Woodmere, for appellant. Newman & Denney P.C., New York (Briana Denney of counsel), for respondent.

Order, Family Court, New York County (Jane Pearl, J.), entered on or about August 9, 2013, 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.

The Family Court properly dismissed the petition, since petitioner failed to establish by a fair preponderance of the evidence that respondent, his brother, had committed any acts warranting an order of protection in petitioner's favor (see

Matter of Everett C. v. Oneida P., 61 AD3d 489 [1st Dept 2009] ). No basis exists to disturb the Family Court's findings that respondent and his wife were more credible witnesses than petitioner (id.).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network