Opinion
2013-01-16
In the Matter of Emily KANTERAKIS, respondent, v. Nikolaos E. KANTERAKIS, appellant.
Ralph R. Carrieri, Mineola, N.Y., for appellant. Lisa Siano, Uniondale, N.Y., for respondent.
Ralph R. Carrieri, Mineola, N.Y., for appellant. Lisa Siano, Uniondale, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals from an order of protection of the Family Court, Nassau County (Singer, J.), dated July 22, 2011, which, after a hearing, and upon a finding, in effect, that he had committed the family offenses of harassment in the second degree and aggravated harassment in the second degree, directed him, inter alia, to stay away from the petitioner for a period up to and including January 21, 2013.
ORDERED that the order of protection is affirmed, without costs or disbursements.
A family offense must be established by a fair preponderance of the evidence ( see Family Ct. Act § 832; Matter of Pearlman v. Pearlman, 78 A.D.3d 711, 712, 911 N.Y.S.2d 87). “The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court” (Matter of Pearlman v. Pearlman, 78 A.D.3d at 712, 911 N.Y.S.2d 87 [internal quotation marks omitted] ). The Family Court's determination regarding the credibility of witnesses is entitled to great weight on appeal, and will not be disturbed if supported by the record ( see Matter of Salazar v. Melendez, 97 A.D.3d 754, 948 N.Y.S.2d 673,lv. denied20 N.Y.3d 852, 2012 WL 5845635;Matter of Pearlman v. Pearlman, 78 A.D.3d at 712, 911 N.Y.S.2d 87;Matter of Topper v. Topper, 271 A.D.2d 613, 706 N.Y.S.2d 147).
Here, a preponderance of the credible evidence supports the Family Court's determination, after a hearing, that, in effect, the appellant had committed the family offenses of aggravated harassment in the second degree and harassment in the second degree ( see Matter of Salazar v. Melendez, 97 A.D.3d 754, 948 N.Y.S.2d 673;Matter of Opray v. Fitzharris, 84 A.D.3d 1092, 924 N.Y.S.2d 421).
The appellant's remaining contentions are without merit.