Matter of Iskritsa O. v. Steven Michael U.

Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about July 1, 2013, which, in a proceeding brought pursuant to article 8 of the Family Court Act, dismissed the petition seeking an order of protection, unanimously affirmed, without costs. The determination that respondent’s actions did not rise to *445 the family offense of either harassment in the second degree or aggravated harassment in the second degree is supported by a fair preponderance of the evidence (see Matter of Everett C. v Oneida P., 61 AD3d 489 [1st Dept 2009]; Penal Law §§ 240.26 [1], [3]; 240.30). There exists no basis to disturb the court’s decision to credit respondent’s version of events over petitioner’s version (see Matter of Peter G. v Karleen K., 51 AD3d 541 [1st Dept 2008]). Concur — Tom, J.P., Sweeny, DeGrasse, Feinman and Gische, JJ.