Matter of I.M., Jr. v. I.M., Sr.

Summary

The Appellate Division, First Department unanimously affirmed the dismissal of a Family Court family offense petition alleging harassment in the second degree and vacated orders of protection. The court held that the petitioner failed to establish by a preponderance of the evidence that the respondent engaged in a harassing course of conduct without a legitimate purpose.

Holdings

1. Petitioner failed to establish by a preponderance of the evidence that respondent committed harassment in the second degree, so dismissal of the family-offense petition was proper.
2. Because the family-offense petition was properly dismissed, the orders of protection issued pursuant to that petition were properly vacated.

Questions Presented

1. Whether petitioner established by a preponderance of the evidence that respondent committed the family offense of harassment in the second degree.
2. Whether the evidence showed that respondent engaged in a course of conduct intended to harass, annoy, or alarm petitioner and that respondent's conduct served no legitimate purpose.
3. Whether Family Court properly dismissed the family-offense petition and vacated the orders of protection.

Disposition

affirmed