| Matter of Ann P. v Nicholas C.P. |
| 2007 NY Slip Op 07704 [44 AD3d 776] |
| October 9, 2007 |
| Appellate Division, Second Department |
| In the Matter of Ann P., Appellant, v Nicholas C.P.,Respondent. John M. Zenir, Nonparty Appellant. |
—[*1] John M. Zenir, Mineola, N.Y., Law Guardian for the child, nonparty appellant pro se. Jay C. Shoulson, Long Island, N.Y., for respondent-respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the mother and theLaw Guardian separately appeal from an order of the Family Court, Nassau County (Foskey, J.),dated February 3, 2006, which, after a hearing, dismissed the petition and vacated a temporaryorder of protection issued against the father.
Ordered that the order is affirmed, without costs or disbursements.
The record supports the Family Court's determination that the mother failed to prove, by apreponderance of the credible evidence, that the father committed acts which would constitutethe offenses of harassment, disorderly conduct, or stalking against the daughter (see Matter of Patton v Torres, 38 AD3d667, 668 [2007]; Matter of Thomasv Thomas, 32 AD3d 521, 521 [2006]; Matter of London v Blazer, 2 AD3d 860 [2003]). The majority ofthe events relied upon to support the petition occurred three years earlier and were not "relativelycontemporaneous" (Matter of Thomas v Thomas, 32 AD3d at 521; Matter of Ashley P., 31 AD3d 767,769 [2006]; Swersky v Swersky, 299 AD2d 540, 541 [2002]; Yoba v Yoba, [*2]183 AD2d 418, 418 [1992]). Miller, J.P., Ritter, Santucci andDillon, JJ., concur.