It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.
Memorandum: Petitioner commenced this family offense proceeding pursuant to Family Court Act article 8 alleging that respondent committed acts that constitute harassment in the second degree pursuant to Penal Law § 240.26 (3). Family Court erred in granting the petition because petitioner failed to meet her burden at the fact-finding hearing of establishing by a fair preponderance of the evidence that respondent committed the underlying acts ( see Family Ct Act §§ 832, 834; see also People v Wood, 59 NY2d 811).