IN RE: L. S. (2026)

Order, Family Court, Bronx County (Latoya N. Stephens, Referee), entered on or about August 21, 2025, which, after a fact-finding hearing, found that respondent committed the family offenses of menacing in the third degree and harassment in the second degree and granted petitioner a two-year order of protection against him, unanimously affirmed, without costs.

Petitioner established by a fair preponderance of the evidence that respondent committed acts that would constitute menacing in the third degree and harassment in the second degree (Family Court Act § 832;  see Matter of Everett C. v. Oneida P., 61 AD3d 489, 489 [1st Dept 2009] ).  Petitioner testified that when she told respondent to leave the home, he grabbed her face, pressed his forehead against her, and shook her head up and down while screaming at her.  He also threatened that if he left, he was going to “tak[e] everybody out with [him],” which petitioner understood to be a threat to her life (Penal Law § 240.26[1];  see Matter of Tamara A. v. Anthony Wayne S., 110 AD3d 560, 560–61 [1st Dept 2013] ).  She further testified that when she asked him to leave again a few weeks later, he stated that he was going to kill her (Penal Law § 120.15;  see Matter of Sonia S. v. Pedro Antonio S., 139 AD3d 546, 547 [1st Dept 2016] ).

Family Court's credibility determinations are entitled to great deference, and there is no basis to disturb them (see Matter of M.M. v. R.G., 245 AD3d 517, 517 [1st Dept 2026] ).  The hearing provided the court with ample opportunity to assess the parties' credibility and demeanor, and both parties had an opportunity to testify and subject each other to cross-examination.