Opinion
7431 7432
10-23-2018
In re ERIN C., Petitioner–Respondent, v. WALID M., Respondent–Appellant. In re Walid M., Petitioner–Appellant, v. Erin C., Respondent–Respondent.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant. Burger & Green, LLP, New York (Nancy M. Green of counsel), for respondent.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.
Burger & Green, LLP, New York (Nancy M. Green of counsel), for respondent.
Sweeny, J.P., Gische, Tom, Mazzarelli, Kern, JJ.
Petitioner proved by a fair preponderance of the evidence that respondent committed the aforementioned family offenses against her (see Family Ct. Act § 832 ; Matter of Everett C. v. Oneida P., 61 A.D.3d 489, 878 N.Y.S.2d 301 [1st Dept. 2009] ). The Family Court credited petitioner's testimony, and its determination, including its credibility findings, is entitled to great deference ( Matter of Everett C., 61 A.D.3d at 489, 878 N.Y.S.2d 301 ).
Petitioner's testimony showed that she arrived home on the evening of February 25, 2016, to find respondent extremely agitated, and he began to "stalk" her around the apartment, screaming insults at her with such intensity that she was forced to lock herself in her bedroom, fearing physical injury [see e.g. Matter of Orenzo H., 33 A.D.3d 492, 822 N.Y.S.2d 532 [1st Dept. 2006] ).Moreover, respondent continued to send petitioner multiple text messages, which were combative and insulting, for no legitimate purpose, through the night and over a period of days, at a time when, by all accounts, he was distraught that the parties, were not reconciling (see e.g. Matter of Gracie C. v. Nelson C., 118 A.D.3d 417, 987 N.Y.S.2d 333 [1st Dept. 2014] ).
Respondent, for his part, among other things, failed to provide any specific details or dates on which any of the events alleged in his petition occurred. Thus, summary dismissal was appropriate (see Matter of Vasciannio v. Nedrick, 305 A.D.2d 420, 758 N.Y.S.2d 534 [2d Dept. 2003], lv. denied 100 N.Y.2d 513, 767 N.Y.S.2d 394, 799 N.E.2d 617 [2003] ).
Nor was there need for a further hearing as the court already had the opportunity to hear and consider the evidence that would have been submitted at a separate hearing, relevant to respondent's allegations in his family offense petition. Respondent had an opportunity to testify and present evidence during the fact-finding hearing, and did not show that any additional evidence would have been proffered if the court had chosen to conduct a separate hearing (see Matter of Quintana v. Quintana, 237 A.D.2d 130, 130, 654 N.Y.S.2d 27 [1st Dept. 1997] ; Matter of Anita L. v. Damon N., 54 A.D.3d 630, 631, 864 N.Y.S.2d 23 [1st Dept. 2008] ). The court, having considered the relevant evidence and the type of evidence that would have been considered in a separate hearing, and finding respondent's testimony to be lacking in credibility, was, therefore, in a position to make an informed determination on the allegations.
Order, Family Court, New York County (Adetokundo Fasanya, J.), entered on or about May 4, 2017, which, upon a finding that respondent Walid M. (respondent) committed the family offenses of menacing in the third degree (PL § 120.15) and harassment in the second degree (PL § 240.26[3] ), granted petitioner Erin C. (petitioner) a six-month order of protection against him, unanimously affirmed, without costs. Order, same court and Judge, entered on or about May 4, 2017, which dismissed respondent's family offense petition against petitioner, unanimously affirmed, without costs.