Opinion
2011-10-4
In the Matter of Ziza NEZAJ, respondent,v.Bajram BRAHIMI, appellant.
Jane M. Bloom, Rock Hill, N.Y., for appellant.Gallo, Feinstein & Naishtut, LLP, Rye Brook, N.Y., for respondent (no brief filed).
In a family offense proceeding pursuant to Family Court Act article 8, Bajram Brahimi appeals from an order of disposition of the Family Court, Orange County (Bivona, J.), dated August 23, 2010, which, upon a finding that he had committed certain family offenses, made after a hearing, and upon the issuance of an order of protection dated July 23, 2010, directed him to comply with the conditions set forth in the order of protection dated July 23, 2010.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contention, a fair preponderance of the evidence presented at the fact-finding hearing supported the Family Court's determination that he had committed certain family offenses, warranting the issuance of an order of protection ( see Family Ct. Act §§ 812[1], 821[1] [a]; § 832; Matter of Williams v. Maise, 85 A.D.3d 933, 925 N.Y.S.2d 839; Matter of Amber JJ. v. Michael KK., 82 A.D.3d 1558, 920 N.Y.S.2d 448). Moreover, the dismissal of criminal charges against the appellant that were based on certain conduct alleged in the family offense petition did not have a res judicata effect with respect to this family offense proceeding, where proof beyond a reasonable doubt is not required ( see Matter of Schneider v. Arata, 81 A.D.3d 652, 653, 915 N.Y.S.2d 875).
The appellant's remaining contentions are without merit.
PRUDENTI, P.J., RIVERA, AUSTIN and ROMAN, JJ., concur.