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Fernandez v. Pacheco

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


February 10, 2009

IN THE MATTER OF THERESA FERNANDEZ, RESPONDENT,
v.
JOSE PACHECO, APPELLANT.

In a family offense proceeding pursuant to Family Court Act article 8, Jose Pacheco appeals from an order of protection of the Family Court, Westchester County (Klein, J.), entered March 12, 2008, which, after a hearing, inter alia, directed him to stay away from the petitioner and her children Veronica Fernandez, Olivia Pacheco, and Nicholas Pacheco for two years.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., ANITA R. FLORIO, JOSEPH COVELLO & ARIEL E. BELEN, JJ.

(Docket No. O-13061/06)

DECISION & ORDER

ORDERED that the order of protection is affirmed, without costs or disbursements.

The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court (see Matter of Lallmohamed v Lallmohamed, 23 AD3d 562), and the Family Court's determination regarding the credibility of witnesses is entitled to great weight on appeal (see Matter of Meiling Zhang v Jingnong Zhu, 36 AD3d 704; Matter of Laboy v Melendez, 27 AD3d 650). The record supports the Family Court's determination that the petitioner established, by a preponderance of the evidence, that the appellant committed certain family offenses warranting the issuance of an order of protection (see Family Ct Act §§ 812, 832).

The appellant's remaining contention is unpreserved for appellate review.

MASTRO, J.P., FLORIO, COVELLO and BELEN, JJ., concur.

20090210

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