Matter of Smith v. Antonio

Full title: In the Matter of DARLENE SMITH, Respondent, v. RUDOLFO ANTONIO, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 5, 1997

239 A.D.2d 509 (N.Y. App. Div. 1997)

658 N.Y.S.2d 962

Opinion

May 5, 1997

Appeal from the Family Court, Queens County (Hepner, J.).

Ordered that the order of disposition is affirmed, without costs or disbursements.

We find no basis to disturb the Family Court's findings that the appellant committed acts which constituted a family offense under Family Court Act article 8. The question of whether the appellant committed the acts alleged in the petition was a disputed factual issue for the court to resolve and the determination of the Family Court, as the trier of fact regarding credibility of witnesses, is entitled to great weight. The record supports the court's determination that the appellant committed the acts alleged in the petition, as amended ( see, e.g., Matter of Cutrone v. Cutrone, 225 A.D.2d 767; see also, Matter of Greenberg v. Greenberg, 226 A.D.2d 463; see generally, People v Todaro, 26 N.Y.2d 325; Dioguardi v. City of New Rochelle, 179 A.D.2d 798; People v. Early, 85 A.D.2d 752).

Miller, J.P., Altman, Goldstein and Florio, JJ., concur.