Abu I. v. Zaratu I.

111 A.D.3d 428

974 N.Y.S.2d 249

2013 N.Y. Slip Op. 07276

In re ABU I., Petitioner–Appellant,

v.ZARATU I., Respondent–Respondent.

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

Nov. 7, 2013.

OPINION TEXT STARTS HEREAndrew J. Baer, New York, for appellant.

Orders, Family Court, Bronx County (David B. Cohen, J.), entered on or about November 30, 2012, which, after a fact-finding hearing, respectively, dismissed with prejudice the petition alleging family offenses against respondent, and ordered a full order of protection against petitioner, unanimously affirmed, without costs.

A fair preponderance of the evidence supports the court's finding that petitioner committed acts that would constitute assault in the third degree, menacing in the second and third degrees, and criminal obstruction of breathing or blood circulation ( seeFamily Court Act §§ 812; 832). The court's credibility determinations are supported by the record and therefore entitled to deference ( see Matter of Creighton...