Finocchiaro v. Finocchiaro

—Order unanimously reversed on the law without costs and petition dismissed. Memorandum: We conclude that petitioner failed to prove by a preponderance of the evidence that respondent committed a family offense enumerated in Family Court Act § 812. The circumstances surrounding respondent’s actions toward petitioner fail to demonstrate either the requisite element of intent to harass (see, Penal Law former § 240.25; People v Moyer, 27 NY2d 252, 253; cf., Matter of Holcomb v Holcomb, 176 AD2d 409) or that respondent intentionally committed an act which placed petitioner in fear of imminent…