Opinion
2011-12-6
In the Matter of Shawn BAILEY–FELTON, respondent, v. Maurice FELTON, appellant.
Omotayo Orederu, Glenville, N.Y., for appellant. Barbara C. Kryszko, New York, N.Y., for respondent.
Omotayo Orederu, Glenville, N.Y., for appellant. Barbara C. Kryszko, New York, N.Y., for respondent.
Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter of counsel), attorney for the children.
In a family offense proceeding pursuant to Family Court Act article 8, the appeal is from an order of fact-finding, disposition, and protection of the Family Court, Kings County (Graham, J.), dated October 6, 2010, which, after a fact-finding and dispositional hearing, found that the appellant had committed certain family offenses and which, upon a finding of aggravating circumstances, directed the appellant to stay away from the petitioner and the parties' two youngest children for a period of five years.
ORDERED that the order of fact-finding, disposition, and protection is affirmed, without costs or disbursements.
“The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and its determinations regarding the credibility of witnesses are entitled to great weight on appeal” ( Matter of Genzen v. Genzen, 74 A.D.3d 1196, 1196, 902 N.Y.S.2d 425). Here, the record supports the Family Court's determination that the petitioner established, by a preponderance of the evidence, that the appellant committed certain family offenses, and also reveals the existence of aggravating circumstances justifying the Family Court's five-year order of protection with respect to the petitioner and the parties' two youngest children ( see Matter of Williams v. Maise, 85 A.D.3d 933, 925 N.Y.S.2d 839; Matter of Kaur v. Singh, 73 A.D.3d 1178, 900 N.Y.S.2d 895; Matter of Gonzalez v. Acosta, 73 A.D.3d 921, 901 N.Y.S.2d 332; Matter of Dell'Isola v. Dell'Isola, 19 A.D.3d 488, 796 N.Y.S.2d 242).
The appellant's remaining contentions are without merit.