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Betz v. Betz

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1997
241 A.D.2d 519 (N.Y. App. Div. 1997)

Opinion

July 21, 1997

Appeal from the Family Court, Nassau County (Feiden, J.).


Ordered that the order is affirmed, without costs or disbursements.

Although the order of protection issued to the wife has expired, "in light of the enduring consequences which may potentially flow from an adjudication that a party has committed a family offense * * * the appeal is not academic" (Matter of Cutrone v. Cutrone, 225 A.D.2d 767, 768; Matter of Bickwid v Deutsch, 87 N.Y.2d 862; see also, Matter of Grossman v. Grossman, 238 A.D.2d 339). However, we find no basis to disturb the Family Court's finding that the appellant committed a family offense against his wife by assaulting her during the course of a domestic dispute. As the trier of fact, the Family Court's determination regarding the credibility of witnesses is entitled to great weight (see, Matter of Tibichrani v. Debs, 230 A.D.2d 746; Matter of Cutrone v. Cutrone, supra), and here the court's decision to credit the wife's testimony is supported by the record. Moreover, the court did not improvidently exercise its discretion in directing the appellant to stay away from the home of his wife and the parties' daughter except for visitation directed by the court or visitation agreed upon by the parties during the one-year period that the order of protection remained in effect (see, Family Ct Act § 842 [a]).

The appellant's remaining contentions are without merit.

Miller, J. P., Friedmann, Krausman and Florio, JJ., concur.


Summaries of

Betz v. Betz

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1997
241 A.D.2d 519 (N.Y. App. Div. 1997)
Case details for

Betz v. Betz

Case Details

Full title:In the Matter of CHERYL BETZ, Respondent, v. WILLIAM BETZ, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 21, 1997

Citations

241 A.D.2d 519 (N.Y. App. Div. 1997)
661 N.Y.S.2d 534

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