Matter of M.M. v. R.G.

Summary

The Appellate Division, First Department unanimously affirmed a Family Court order finding that the respondent father committed harassment in the second degree against his child and imposing a nine-month order of protection. The court held that the petitioner established the offense by a preponderance of the evidence, rejected the father's legitimate-purpose argument, and deferred to Family Court's credibility findings.

Holdings

1. The appeal was not moot because the underlying finding that respondent committed a family offense could impose significant enduring consequences even though the order of protection had expired.
2. Petitioner established by a preponderance of the evidence that respondent committed harassment in the second degree by repeatedly threatening physical violence against the child with the intent to harass, annoy, or alarm him.
3. Family Court's determination that the mother was a credible witness and its related factual findings were entitled to great deference and would not be disturbed because the record provided no basis for doing so.

Questions Presented

1. Whether the appeal remained justiciable after the nine-month order of protection expired.
2. Whether petitioner established by a preponderance of the evidence that respondent committed harassment in the second degree as a family offense.
3. Whether Family Court properly credited the mother's testimony and declined to disturb its factual findings.

Disposition

affirmed