Opinion
2188
November 13, 2003.
Order, Family Court, New York County (Richard Ross, J.), entered on or about March 30, 2000, which granted petitioner a three-year order of protection based on aggravating circumstances, excluded appellant from the marital residence and directed appellant to pay petitioner restitution in the amount of $592.50, unanimously affirmed, without costs.
Ellen Federman, for petitioner-respondent.
Randall S. Carmel, for respondent-appellant.
Before: Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ.
The court's finding that appellant committed numerous violent acts against petitioner was fully supported by credible testimony. These aggravating circumstances justified an order of protection for three years, as well as exclusion of appellant from the marital residence (see Family Court Act § 827[a][vii], § 842; Matter of Quintana v. Quintana, 237 A.D.2d 130; Leffingwell v. Leffingwell, 86 A.D.2d 929). The court also properly ordered appellant to pay restitution for petitioner's personal items disposed of by appellant (Family Court Act § 841[e]). The existence and cost of these items was established by petitioner's credible testimony.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.