Matter of Urmeala R. v Kusaw M., 2011 NY Slip Op 07680 [89 AD3d 411]

November 1, 2011

Appellate Division, First Department

— [*1]

Steven N. Feinman, White Plains, for appellant.

Order, Family Court, Bronx County (Andrea Masley, J.), entered on or about December 20, 2010, which, upon a finding that respondent committed the family offense of harassment in the second degree, granted the petition for an order of protection, unanimously affirmed, without costs.

The determination that respondent committed the offense of harassment in the second degree was supported by a fair preponderance of the evidence ( see Penal Law § 240.26; Family Ct Act § 832). The record shows that on various occasions, respondent pinched petitioner, pulled her hair and kicked her in the stomach at a time when she was pregnant. There exists no basis to disturb the credibility determinations of the court ( see Matter of Hunt v Hunt , 51 AD3d 924 , 925 [2008]). Concur—Gonzalez, P.J., Tom, Sweeny, Renwick and RomÁn, JJ.