| Matter of Little v Renz |
| 2016 NY Slip Op 01676 [137 AD3d 916] |
| March 9, 2016 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Frederick Little,Appellant, v Sandye Renz, Respondent. |
Michael D. Carlin, Brooklyn, NY, for appellant.
Karen P. Simmons, Brooklyn, NY (Susan M. Cordaro and Janet Neustaetter ofcounsel), attorney for the child.
Appeal from an order of the Family Court, Kings County (Michael L. Katz, J.), datedDecember 17, 2014. The order, after a hearing, dismissed the father's family offensepetition against the mother.
Ordered that the order is affirmed, without costs or disbursements.
The father commenced this family offense proceeding pursuant to Family Court Actarticle 8 against the mother of the parties' child, alleging that she committed the familyoffenses of, inter alia, harassment in the second degree and disorderly conduct. At afact-finding hearing, at the close of the father's case, the Family Court granted the motionof the attorney for the child to dismiss so much of the petition as alleged that the mothercommitted the family offense of disorderly conduct for failure to make a prima faciecase. At the close of the fact-finding hearing, the court found that the father failed toestablish by a preponderance of the evidence that the mother committed any familyoffense, based on the incidents alleged in the petition, and accordingly, dismissed thepetition.
The Family Court did not err by refusing to consider evidence concerning incidentsbetween the parties which were not alleged in the father's petition (see Matter of Salazar vMelendez, 97 AD3d 754, 755 [2012]).
We agree with the Family Court that the father failed to establish a prima facie casewith respect to the family offense of disorderly conduct (see Penal Law§ 240.20; Family Ct Act § 812 [1]). Specifically, he failed topresent evidence to support a finding that the mother's conduct was committed with theintent to cause, or recklessly posed a risk of causing, public inconvenience, annoyance oralarm (see Matter of Cassie vCassie, 109 AD3d 337, 344 [2013]).
Moreover, the Family Court's finding that the father did not establish that the mothercommitted any of the other family offenses alleged in the petition was based oncredibility determinations that are supported by the record (see Matter of Giresi-Palazzolo vPalazzolo, 127 AD3d 752 [2015]).
[*2] The father's remaining contention is without merit. Mastro, J.P., Chambers,Roman and Barros, JJ., concur.