Opinion
2014-08-13
In the Matter of John GARBARINO, respondent, v. Linda GARBARINO, appellant.
Levinson, Reineke & Ornstein, P.C., Central Valley, N.Y. (Justin E. Kimple of counsel), for appellant.
In a family offense proceeding pursuant to Family Court Act article 8, Linda Garbarino appeals from an order of disposition of the Family Court, Orange County (Kiedaisch, J.), dated August 22, 2013, which, upon a finding that she committed the family offense of harassment in the second degree, made after a hearing, and upon the issuance of an order of protection dated August 22, 2013, directed her to comply with the conditions set forth in the order of protection dated August 22, 2013.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The allegations asserted in a petition in a family offense proceeding must be supported by “a fair preponderance of the evidence” (Family Ct. Act § 832; see Matter of Patton v. Torres, 38 A.D.3d 667, 668, 832 N.Y.S.2d 599;Matter of Dabbene v. Dabbene, 297 A.D.2d 812, 747 N.Y.S.2d 808;Matter of Hogan v. Hogan, 271 A.D.2d 533, 705 N.Y.S.2d 678). The Family Court's determination regarding the credibility of witnesses is entitled to great weight on appeal unless clearly unsupported by the record ( see Matter of Santiago v. Friedman, 35 A.D.3d 482, 824 N.Y.S.2d 723;Matter of Phillips v. Laland, 4 A.D.3d 529, 530, 771 N.Y.S.2d 718). Here, contrary to the appellant's contention, a fair preponderance of the credible evidence supports the Family Court's determination that she committed the family offense of harassment in the second degree, warranting the issuance of an order of protection against her ( see Family Ct. Act § 832; Penal Law § 240.26 [3]; Matter of Oakes v. Oakes, 115 A.D.3d 956, 982 N.Y.S.2d 532;Matter of Santiago v. Friedman, 35 A.D.3d at 482, 824 N.Y.S.2d 723;Matter of Abbott v. Burnes, 27 A.D.3d 555, 813 N.Y.S.2d 133). RIVERA, J.P., ROMAN, SGROI and LaSALLE, JJ., concur.