Marisela N. v. Lacy M.S.

A fair preponderance of the evidence (see Family Ct Act § 832), including petitioner’s testimony, supports the court’s finding that respondent had committed acts that constitute the family offense of harassment in the second degree (see Family Ct Act § 812 [1]; Fenal Law § 240.26 [3]), warranting the issuance of an order of protection (see Family Ct Act § 841). There is no basis to disturb the court’s credibility determinations (see Matter of F.B. v W.B., 248 AD2d 119 [1st Dept 1998]).

The order of protection is valid despite the lack of a dispositional hearing. “There is no explicit statutory…