Opinion
2015-06-25
In re SABRINA T., Petitioner–Respondent, v. CLEVELAND T., Respondent–Appellant.
Andrew J. Baer, New York, for appellant. Joan L. Beranbaum, New York (Joan A. Foy of counsel), for respondent.
Andrew J. Baer, New York, for appellant. Joan L. Beranbaum, New York (Joan A. Foy of counsel), for respondent.
Order of protection, Family Court, New York County (Monica D. Shulman, Court Attorney Referee), entered on or about May 9, 2014, which, upon a fact-finding determination that respondent committed the family offenses of harassment in the second degree and criminal obstruction of breathing or blood circulation, directed him to stay away from petitioner until May 8, 2016, unanimously affirmed, without costs.
A fair preponderance of the evidence in the record supports the Referee's finding that respondent's behavior was at a level sufficient to constitute a “family offense” within the meaning of Family Court Act § 812(1) and warranted the issuance of a two-year order of protection in petitioner's favor, with reasonable conditions that “are likely to be helpful in eradicating the root of [the] family disturbance” ( Matter of Miriam M. v. Warren M., 51 A.D.3d 581, 582, 859 N.Y.S.2d 66 [1st Dept.2008] [internal quotation marks and citation omitted]; and see Matter of F.B. v. W.B., 248 A.D.2d 119, 669 N.Y.S.2d 551 [1st Dept.1998] ). Issues of credibility were properly resolved by the fact-finder ( see Matter of Jason B., 186 A.D.2d 481, 482, 589 N.Y.S.2d 406 [1st Dept.1992]; Matter of Darryl G., 184 A.D.2d 204, 584 N.Y.S.2d 798 [1st Dept.1992] ).