MATTER OF FINOCCHIARO v. FINOCCHIARO

Order unanimously reversed on the law without costs and petition dismissed. Memorandum: We conclude that petitioner failed to prove by a preponderance of the evidence that respondent committed a family offense enumerated in Family Court Act § 812. The circumstances surrounding respondent's actions toward petitioner fail to demonstrate either the requisite element of intent to harass (see, Penal Law former § 240.25; People v Moyer, 27 N.Y.2d 252, 253; cf., Matter of Holcomb v Holcomb, 176 A.D.2d 409) or that respondent intentionally committed an act which placed petitioner in fear of imminent serious injury (see, Penal Law former § 120.15; People v Vazquez, 136 Misc.2d 1057, 1059). Finally, to the extent that Family Court found that respondent committed a family offense enumerated in section 812 FCT of the Family Court Act against his stepson, the petition did not allege that he committed such offense.