Opinion
November 12, 1999
Appeal from Order of Jefferson County Family Court, Morgan, J. — Family Offense.
PRESENT: DENMAN, P. J., HAYES, HURLBUTT, SCUDDER AND BALIO, JJ.
Order unanimously affirmed without costs. Memorandum: Petitioner established by a fair preponderance of the evidence that respondent, by engaging in acts that constitute harassment in the second degree (Penal Law § 240.26), willfully violated a prior order of protection (see, Matter of Tina T. v. Steven U., 243 A.D.2d 863, 864, lv denied 91 N.Y.2d 805; Matter of Boyd v. Boyd, 193 A.D.2d 1039, 1040; Matter of Maryanne PP. v. Richard QQ., 192 A.D.2d 747, 748). "[I]n view of Family Court's advantage of hearing the witnesses, its credibility determinations are not to be lightly set aside" (Matter of Maryanne PP. v. Richard QQ., supra, at 748).