| Matter of Ramona A.A. v Juan M.N. |
| 2015 NY Slip Op 02432 [126 AD3d 611] |
| March 24, 2015 |
| Appellate Division, First Department |
[*1]
| In the Matter of Ramona A.A.,Respondent, v Juan M.N., Appellant. |
Andrew J. Baer, New York, for appellant.
Steven N. Feinman, White Plains, for respondent.
Order of protection, Family Court, New York County (Diane Costanzo, Ref.),entered on or about May 13, 2010, against respondent Juan M.N., after a fact-findingdetermination that he had committed the family offense of harassment in the seconddegree, unanimously affirmed, without costs.
Although the order of protection has expired, we address the merits of the appeal,since enduring consequences may flow from the adjudication that respondent hascommitted a family offense (seeMatter of Veronica P. v Radcliff A., 24 NY3d 668 [2015]; Matter of Marisela N. v LacyM.S., 118 AD3d 449, 449 [1st Dept 2014]).
A fair preponderance of the evidence supports the Referee's finding that respondentcommitted the family offense of harassment in the second degree, warranting theissuance of a two-year order of protection against him (see Family Ct Act§§ 812 [1]; 832, 842; Penal Law § 240.26 [1]).Petitioner, respondent's sister, testified that respondent, while living with her and herfamily, threatened to kill her on multiple occasions in 2009 and 2010, and told her that hewas going to poison her family's food and set fire to the apartment (see Matter of Tamara A. v AnthonyWayne S., 110 AD3d 560, 560-561 [1st Dept 2013]). Respondent's intent toharass, annoy or alarm petitioner may be inferred from his threats (see McGuffog vGinsberg, 266 AD2d 136 [1st Dept 1999]).
The Referee properly ordered respondent to stay away from petitioner's home and herchild, because respondent's threats involved the home and the entire family, including thechild (see Matter of Angela C. vHarris K., 102 AD3d 588, 590 [1st Dept 2013]; Barbara E. v John E., 44AD3d 426, 427 [1st Dept 2007]).
We have considered respondent's remaining contentions and find them unavailing.Concur—Tom, J.P., Renwick, DeGrasse, Manzanet-Daniels and Clark, JJ.