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Matter of Hyder B. J. v. Widad Al-S

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1998
256 A.D.2d 25 (N.Y. App. Div. 1998)

Opinion

December 1, 1998

Appeal from the Family Court, New York County (Richard Ross, J.).


Respondent father may not raise for the first time on appeal his contention that the petitioner failed to establish that he wilfully violated the temporary order of protection on the basis that he had no notice of such order ( see, Szigyarto v. Szigyarto, 64 N.Y.2d 275). In any event, we note that at the hearing, rather than asserting that he had no knowledge of the order, respondent father maintained that he did not violate it.

The court's credibility findings, concluding that each party committed the charged offenses, are entitled to deference and are well supported by the hearing records ( Matter of Muldavin v. Muldavin, 248 A.D.2d 209). Threats to harm and kill each other justified entry of the orders of protection ( supra).

Concur — Ellerin, J. P., Nardelli, Williams and Andrias, JJ.


Summaries of

Matter of Hyder B. J. v. Widad Al-S

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1998
256 A.D.2d 25 (N.Y. App. Div. 1998)
Case details for

Matter of Hyder B. J. v. Widad Al-S

Case Details

Full title:In the Matter of HYDER B. J., Respondent, v. WIDAD AL-S., Appellant. In…

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

Date published: Dec 1, 1998

Citations

256 A.D.2d 25 (N.Y. App. Div. 1998)
680 N.Y.S.2d 507