Opinion
10-05-2016
In the Matter of Azucena MOLINA, respondent, v. Wayne HART, appellant.
Austin I. Idehen, Jamaica, NY, for appellant. Olga J. Rodriguez, Forest Hills, NY, for respondent. Stewart N. Altman, Mineola, NY, attorney for the child.
Austin I. Idehen, Jamaica, NY, for appellant.
Olga J. Rodriguez, Forest Hills, NY, for respondent.
Stewart N. Altman, Mineola, NY, attorney for the child.
Appeal by the husband from an order of protection of the Family Court, Queens County (Anne–Marie Jolly, J.), dated September 28, 2015. The order of protection, upon a finding that the husband committed the family offenses of menacing in the second degree and harassment in the second degree, made after a hearing, directed him, among other things, to stay away from the wife for a period of two years.
ORDERED that the order of protection is affirmed, without costs or disbursements.
The petitioner commenced this family offense proceeding against her husband, the appellant, pursuant to Family Court Act article 8. After a fact-finding hearing, the Family Court found that the appellant committed the family offenses of menacing in the second degree and harassment in the second degree, and issued an order of protection, inter alia, directing the appellant to stay away from the petitioner for a period of two years.
Contrary to the appellant's contention, the testimony proffered at the fact-finding hearing established, by a fair preponderance of the evidence, that the appellant committed the family offenses of menacing in the second degree and harassment in the second degree (see Family Ct. Act § 832 ; Matter of Jordan v. Verni, 139 A.D.3d 1067, 1068, 30 N.Y.S.3d 841 ; Matter of Gentile v. Torres, 139 A.D.3d 854, 855, 31 N.Y.S.3d 200 ; Matter of Monos v. Monos, 123 A.D.3d 931, 999 N.Y.S.2d 131 ). The Family Court's credibility determinations are supported by the record (see Matter of Matheson v. Matheson, 140 A.D.3d 1068, 1069, 35 N.Y.S.3d 167 ; Matter of Davis v. Felder, 140 A.D.3d 752, 753, 30 N.Y.S.3d 922 ; Matter of Savas v. Bruen, 139 A.D.3d 737, 738–739, 31 N.Y.S.3d 149 ).
BALKIN, J.P., DICKERSON, COHEN and BRATHWAITE NELSON, JJ., concur.