Matter of Ashlee NN. v Todd OO.

Holding The Appellate Division affirmed the dismissal of the family offense petition, finding that the petitioner failed to meet her burden of proving harassment by a fair preponderance of the evidence. The court deferred to the Family Court’s credibility determinations and noted that the respondent’s admitted phone calls lacked sufficient context to establish the requisite offense.

The court’s words

In a family offense proceeding, the petitioner bears the burden of proving by a fair preponderance of the evidence that the respondent committed one of the family offenses enumerated within Family Ct Act § 821 (1) (a).

2026 NY Slip Op 05581, at the official text

there was no evidence concerning the context of this series of calls, what was discussed, how petitioner reacted or whether she indicated to him that she wanted him to stop calling

2026 NY Slip Op 05581, at the official text

we find a sound and substantial basis in the record for its conclusion that petitioner did not meet her burden of establishing harassment in the second degree or aggravated harassment in the second degree

2026 NY Slip Op 05581, at the official text