Opinion
No. 2021-04243 Docket No. O-999-20
10-12-2022
In the Matter of Haydee Yurewich, respondent, v. David Read, appellant.
Gary E. Eisenberg, New City, NY, for appellant.
Gary E. Eisenberg, New City, NY, for appellant.
COLLEEN D. DUFFY, J.P., JOSEPH J. MALTESE, LINDA CHRISTOPHER, JANICE A. TAYLOR, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 8, David Read appeals from an order of protection of the Family Court, Rockland County (Keith J. Cornell, J.), dated February 11, 2021. The order of protection, after a hearing, and upon a finding that David Read committed a family offense, directed him, inter alia, to stay away from the petitioner until and including February 10, 2022.
ORDERED that the order of protection is affirmed, without costs or disbursements.
The petitioner filed a family offense petition against the appellant, who is her son, which alleged that the appellant had committed the family offenses of harassment in the first degree and/or harassment in the second degree against her. After a hearing, the Family Court found that the appellant had committed a family offense and issued an order of protection directing him, inter alia, to stay away from the petitioner until and including February 10, 2022.
Although the order of protection expired by its own terms on February 10, 2022, the appeal from that order has not been rendered academic in light of the enduring consequences which may flow from a finding that the appellant committed a family offense (see Matter of Veronica P. v Radcliff A., 24 N.Y.3d 668; Matter of Stringer v Grant, 187 A.D.3d 1198).
In a family offense proceeding, the allegations of the petition must be "supported by a fair preponderance of the evidence" (Family Ct Act § 832; see Matter of Vella v Dillman, 160 A.D.3d 883, 883-884). "'The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court and the Family Court's determination regarding the credibility of witnesses is entitled to great weight on appeal'" (Matter of Tulshi v Tulshi, 118 A.D.3d 716, 716, quoting Matter of Pearlman v Pearlman, 78 A.D.3d 711, 712) and will not be disturbed "unless clearly unsupported by the record" (Matter of Streat v Streat, 117 A.D.3d 837, 837 [internal quotation marks omitted]).
Regarding the finding of the family offense, although the Family Court did not specify the degree of harassment under Family Court Act § 812(1) that the appellant committed, the record is sufficient for this Court to conduct an independent review of the evidence (see Matter of Kalyan v Trasybule, 189 A.D.3d 1046). A fair preponderance of the evidence adduced at the hearing established that the appellant committed the family offense of harassment in the second degree (Penal Law § 240.26 [1]), warranting the issuance of an order of protection (see Matter of Rhoda v Avery, 155 A.D.3d 737, 738-739; Matter of Lang v Dolphy, 128 A.D.3d 700).
DUFFY, J.P., MALTESE, CHRISTOPHER and TAYLOR, JJ., concur.