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Matter of Toneatti v. Schiavone

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1999
266 A.D.2d 303 (N.Y. App. Div. 1999)

Opinion

Submitted September 29, 1999

November 8, 1999

Dienst Serrins, New York, N.Y. (Leslie Ben-Zvi of counsel), for appellant.

SONDRA MILLER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

In a family offense proceeding pursuant to Family Court Act article 8, the appeal is from an order of protection of the Family Court, Westchester County (Edlitz, J.), entered October 27, 1998, which, after a hearing, inter alia, revoked the appellant's license to carry firearms.

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

The question of whether the appellant threatened the use of a deadly weapon (see, Family Ct Act § 842-a [a]) was a disputed factual issue for the court to resolve. As the trier of fact, the Family Court's determination regarding the credibility of witnesses is entitled to great weight (see, Matter of Hendrick v. DiRusso, 264 A.D.2d 523 [2d Dept., Aug. 30, 1999]; Matter of Tibichrani v. Debs, 230 A.D.2d 746 ). Its determination in that regard is not against the weight of the evidence. Therefore, the revocation by the Family Court of the appellant's license to carry firearms was not improper (see, Family Ct Act § 842-a [a]).

S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.


Summaries of

Matter of Toneatti v. Schiavone

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1999
266 A.D.2d 303 (N.Y. App. Div. 1999)
Case details for

Matter of Toneatti v. Schiavone

Case Details

Full title:In the Matter of CHRISTINE TONEATTI, a/k/a CHRISTINE SCHIAVONE…

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

Date published: Nov 8, 1999

Citations

266 A.D.2d 303 (N.Y. App. Div. 1999)
698 N.Y.S.2d 690

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