Opinion
1233 CAF 15-00712
12-23-2016
IN THE MATTER OF TRISTYN R. AND ADDASYN R. CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES JENNA W. AND TREVOR W., PETITIONERS-RESPONDENTS; v. JOSHUA R., RESPONDENT-APPELLANT, AND JACQUELINE Z., RESPONDENT.
CARR SAGLIMBEN LLP, OLEAN (JAY D. CARR OF COUNSEL), FOR RESPONDENT-APPELLANT. MICHAEL D. BURKE, ATTORNEY FOR THE CHILDREN, OLEAN.
PRESENT:
CARR SAGLIMBEN LLP, OLEAN (JAY D. CARR OF COUNSEL), FOR RESPONDENT-APPELLANT.
MICHAEL D. BURKE, ATTORNEY FOR THE CHILDREN, OLEAN.
Appeal from an amended order of the Family Court, Cattaraugus County (Michael L. Nenno, J.), entered March 24, 2015 in a proceeding pursuant to Family Court Act article 10. The amended order, inter alia, determined that respondent Joshua R. violated a temporary order of protection.
It is hereby ORDERED that the amended order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent father appeals from an amended custody and dispositional order that, inter alia, determined that he violated a temporary order of protection issued in favor of his children. Family Court credited the testimony at the hearing that the father had contact with his children on numerous occasions. " According deference to that credibility determination, as we must, we conclude that petitioner established by clear and convincing evidence that [the father] willfully violated the relevant order of protection' " (Matter of Schoenl v Schoenl, 136 AD3d 1361, 1362; see Matter of Da'Shunna M.H. [Delbert W.H.], 133 AD3d 1381, 1382).
Entered: December 23, 2016
Frances E. Cafarell
Clerk of the Court