Matter of Sharice N.G. v Perry B., 2023 NY Slip Op 06331 [222 AD3d 453]
December 12, 2023
Appellate Division, First Department
[*1]
In the Matter Sharice N.G., Respondent,
v
Perry B., Appellant.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.
Jay A. Maller, New York, for respondent.
Order, Family Court, Bronx County (Jennifer S. Burtt, Ref.), entered on or about February 9, 2023, which, after a fact-finding hearing, determined that respondent father committed the family offense of harassment in the second degree, and directed him, inter alia, to stay away from petitioner mother until February 8, 2024, unanimously affirmed, without costs.
Petitioner proved by a fair preponderance of the evidence that respondent committed the family offense of harassment in the second degree ( see Family Ct Act § 832; Penal Law § 240.26 [3]; see also Matter of Everett C. v Oneida P. , 61 AD3d 489 [1st Dept 2009]). Petitioner’s testimony, which the court found credible, supports the finding that respondent engaged in a course of conduct, by repeatedly threatening to put petitioner and her new partner in a body bag, which served no legitimate purpose, with the intent of seriously annoying or alarming her ( see Matter of Rosa G. v Hipolito D. , 215 AD3d 571 [1st Dept 2023]). Respondent’s intent to commit the family offense of harassment in the second degree is fairly inferable from the surrounding circumstances ( see Matter of Tawanda A.A. v Joseph D.A. , 188 AD3d 401 , 402 [1st Dept 2020]). Concur—Kern, J.P., Singh, Kennedy, Mendez, Rodriguez, JJ..