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In re Shields

Supreme Court of New York, Second Department

June 26, 2013

In the Matter of Evelyn Shields, respondent,
v.
Gary Brown, appellant. (Docket No. O-2883-11)

Tennille M. Tatum-Evans, New York, N.Y., for appellant.

Janis A. Parazzelli, Floral Park, N.Y., for respondent.

Simone Gordon, Jamaica, N.Y., attorney for the child.

REINALDO E. RIVERA, J.P., MARK C. DILLON, THOMAS A. DICKERSON, LEONARD B. AUSTIN, JJ.

DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, Gary Brown appeals from an order of protection of the Family Court, Queens County (Lebwohl, J.), dated February 23, 2012, which, after a hearing, in effect, determined that he committed the family offenses of harassment in the second degree and disorderly conduct, and directed him, inter alia, to refrain from harassing, intimidating, or threatening the petitioner.

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 hearing court (see Family Ct Act §§ 812, 832; Matter of Halper v Halper, 61 A.D.3d 687; Matter of Lallmohamed v Lallmohamed, 23 A.D.3d 562), and that court's determination regarding the credibility of witnesses is entitled to great weight on appeal unless clearly unsupported by the record (see Matter of Gray v Gray, 55 A.D.3d 909; Matter of Wallace v Wallace, 45 A.D.3d 599)" (Matter of Creighton v Whitmore, 71 A.D.3d 1141, 1141; see Matter of Kaur v Singh, 73 A.D.3d 1178, 1178). Here, a fair preponderance of the credible evidence elicited at the fact-finding hearing supports the hearing court's determination that Gary Brown committed the family offenses of harassment in the second degree and disorderly conduct, warranting the issuance of an order of protection (see Penal Law §§ 240.20, 240.26; Family Ct Act § 812[1]; Matter of Smith v Amedee, 101 A.D.3d 1033, 1033; Matter of Scanziani v Hairston, 100 A.D.3d 1007, 1008; Matter of Cruz v Rodriguez, 96 A.D.3d 838, 838; Matter of Yalvac v Yalvac, 83 A.D.3d 853, 854; Matter of Kaur v Singh, 73 A.D.3d at 1178; Matter of Creighton v Whitmore, 71 A.D.3d at 1141; Matter of Gray v Gray, 55 A.D.3d 909, 910; Matter of Robbins v Robbins, 48 A.D.3d 822, 822).

RIVERA, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.


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