| Matter of Tyrone T. v Katherine M. |
| 2010 NY Slip Op 08457 [78 AD3d 545] |
| November 18, 2010 |
| Appellate Division, First Department |
| In the Matter of Tyrone T., Appellant, v Katherine M.,Respondent. |
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Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about July 21, 2009, whichdismissed petitioner's family offense petition seeking an order of protection against respondent on theground that petitioner failed to sufficiently establish a family offense, unanimously affirmed, withoutcosts.
Petitioner's claim that he was the boyfriend of respondent's sister, and a friend of respondent, wasinsufficient to establish an "intimate relationship" within the meaning of Family Court Act § 812(1) (e) so as to afford the Family Court jurisdiction over this matter (see Sponsor's Mem, BillJacket, L 2008, ch 326; Matter of Seye vLamar, 72 AD3d 975 [2010]; Matter of Mark W. v Damion W., 25 Misc 3d 1148 [Fam Ct, KingsCounty 2009]; Matter of K.J. v K.K.,23 Misc 3d 754, 758-759 [Fam Ct, Orange County 2009]).
In any event, assuming the court had jurisdiction, petitioner failed to establish by a preponderanceof the evidence that respondent committed the family offense of first degree harassment against himbecause his alleged fear that respondent would harm him was not objectively reasonable (seePenal Law § 240.25; People vDemisse, 24 AD3d 118, 119 [2005], lv denied 6 NY3d 833 [2006]). Respondent'sremark that "things would get ugly" if petitioner did not return her property could not be reasonablyinterpreted as a threat, especially given that they had been friends and that petitioner was datingrespondent's sister. Further, petitioner never showed that respondent had ever threatened to shoot himwith a gun, or that she would use her gun for purposes beyond the duties of her job as a correctionsofficer. That petitioner would socialize with respondent at her home even after he filed the petitionfurther undermines any contention of fear. Concur—Mazzarelli, J.P., Saxe, McGuire, Freedmanand Abdus-Salaam, JJ.