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In re Amy R. (Anonymous)

Supreme Court of New York, Second Department

May 15, 2013

In the Matter of Amy R. (Anonymous), respondent,
v.
Mitchell R. (Anonymous), appellant. Docket No. O-15213-11

Mark Diamond, New York, N.Y., for appellant.

Olga J. Rodriguez, Forest Hills, N.Y., for respondent.

Tammi D. Pere, West Hempstead, N.Y., attorney for the child.

PETER B. SKELOS, J.P. L. PRISCILLA HALL PLUMMER E. LOTT SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, Mitchell R. appeals from two orders of protection of the Family Court, Queens County (Hunt, J.), both dated January 24, 2012, which, after a hearing, and upon a finding that he committed the family offense of harassment in the second degree, inter alia, directed him to stay away from Amy R., and to refrain from harassing Brandon R., respectively.

ORDERED that the orders of protection are affirmed, without costs or disbursements.

A family offense must be established by a fair preponderance of the evidence (see Family Ct Act § 832; Matter of Pearlman v Pearlman, 78 A.D.3d 711, 712). "The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and that court's determination regarding the credibility of witnesses is entitled to great weight on appeal and will not be disturbed if supported by the record" (Matter of Richardson v Richardson, 80 A.D.3d 32, 43-44; see Matter of Smith v Amedee, 101 A.D.3d 1033). Contrary to the appellant's contention, a fair preponderance of the credible evidence supported the Family Court's determination that he committed acts which constituted the family offense of harassment in the second degree (see Penal Law § 240.26[2], [3]; Matter of Jackson v Idlett, 103 A.D.3d 723; Matter of Kanterakis v Kanterakis, 102 A.D.3d 784; Matter of Smith v Amedee, 101 A.D.3d 1033).

The appellant's remaining contention is without merit.

SKELOS, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.


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