IN RE: CARMEN L. (2018)

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

IN RE: CARMEN L., Petitioner–Appellant, v. RAFAEL R., Respondent–Respondent.

7078

Decided: July 10, 2018

Friedman, J.P., Gische, Kahn, Singh, Moulton, JJ.

Law Offices of Paul Matthews, New York (Paul W. Matthews of counsel), for appellant.

Orders, Family Court, New York County (Marva A. Burnett, Referee), entered on or about August 10, 2015, which, upon a fact-finding determination that respondent committed the family offense of menacing in the second degree, granted petitioner a one-year order of protection, and denied her request for a full two-year stay-away order, unanimously affirmed, without costs.

A fair preponderance of the evidence established that respondent committed the family offense of menacing in the second degree (see Family Ct Act § 832; Penal Law § 120.14). The hearing testimony showed that in the midst of an acrimonious and ongoing dispute purportedly over petitioner's apartment, which involved respondent's ex-wife and children, respondent threatened petitioner with physical violence, on at least two occasions, on the street and over her cell phone, thereby placing petitioner in reasonable fear of physical injury. However, the Referee's decision not to issue a full stay-away order of protection for a period of two years was not unreasonable under the circumstances presented (compare Barbara E. v. John E., 44 A.D.3d 426, 843 N.Y.S.2d 75 [1st Dept. 2007] ).

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