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Matter of Strully v. Schwartz

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1998
255 A.D.2d 593 (N.Y. App. Div. 1998)

Opinion

November 30, 1998

Appeal from the Family Court, Westchester County (Tolbert, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly dismissed the mother's petition for a permanent order of protection upon determining that she failed to establish by a preponderance of the evidence that the father committed acts constituting the family offenses of harassment in the second degree or assault in the third degree ( see, Family Ct Act § 812, 832 Fam. Ct. Act; Matter of Ross v. Ross, 152 A.D.2d 580). The determination as to whether the father committed such acts was a disputed factual issue for the Family Court to resolve. As the trier of fact, its determination regarding the credibility of the witnesses is entitled to great weight ( see, Matter of Campbell v. Desir, 251 A.D.2d 402; Matter of Platsky v. Platsky, 237 A.D.2d 610). Its determination was supported by the evidence.

The mother's remaining contentions are without merit.

O'Brien, J. P., Florio, McGinity and Luciano, JJ., concur.


Summaries of

Matter of Strully v. Schwartz

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1998
255 A.D.2d 593 (N.Y. App. Div. 1998)
Case details for

Matter of Strully v. Schwartz

Case Details

Full title:In the Matter of DIANE STRULLY, Appellant, v. JEFFREY SCHWARTZ, Respondent

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

Date published: Nov 30, 1998

Citations

255 A.D.2d 593 (N.Y. App. Div. 1998)
680 N.Y.S.2d 871

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