Opinion
12749 Dkt. No. O-486/15 Case No. 2018-04593
01-05-2021
In the Matter of TATYANA G., Petitioner–Respondent, v. KEITH C., Respondent–Appellant.
Geoffrey P. Berman, Larchmont, for appellant. Larry S. Bachner, New York, for respondent.
Geoffrey P. Berman, Larchmont, for appellant.
Larry S. Bachner, New York, for respondent.
Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.
Order, Family Court, New York County (Tandra L. Dawson, J.), entered on or about August 6, 2018, which, upon a fact-finding determination that respondent committed the family offenses of harassment in the second degree, assault in the third degree and criminal obstruction of breathing, granted a five-year order of protection in favor of petitioner, unanimously affirmed, without costs.
Contrary to respondent's argument, there is no basis for disturbing the court's determination crediting petitioner's version of events over his (see Matter of William M. v. Elba Q., 121 A.D.3d 489, 994 N.Y.S.2d 110 [1st Dept. 2014] ).
A fair preponderance of the evidence established that respondent committed the family offenses alleged. Petitioner demonstrated that on several occasions, respondent called her derogatory names, choked her, threw suitcases in her direction, and hit her. Because of his behavior and conduct, petitioner would run away from him and hide (see Penal Law §§ 10.00[9] ; 120.00[1] ). Petitioner testified that as a result of respondent's physical violence, she sustained bruises and would be in pain for several days. On one occasion, respondent punched her in the face and left her unconscious for several hours (see Matter of Martha B. v. Julian P., 133 A.D.3d 418, 419, 18 N.Y.S.3d 529 [1st Dept. 2015] ).
The issuance of an order of protection for five years is supported by the record (see Matter of Angela C. v. Harris K., 102 A.D.3d 588, 590, 959 N.Y.S.2d 45 [1st Dept. 2013] ).