Opinion
2017–06560 Docket No. O–68–16
11-21-2018
In the Matter of Megan H. MCGORMAN, Respondent, v. Patrick M. MCGORMAN, Appellant.
Patrick M. McGorman, Cornwall, NY, appellant pro se. Gary E. Eisenberg, New City, NY, attorney for the children.
Patrick M. McGorman, Cornwall, NY, appellant pro se.
Gary E. Eisenberg, New City, NY, attorney for the children.
ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, JEFFREY A. COHEN, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
ORDERED that the order of protection is affirmed, without costs or disbursements.
The mother commenced this family offense proceeding alleging numerous acts of domestic violence committed against her by her husband, the father of their four children. After a hearing, at which the mother testified in detail as to those acts of domestic violence, the Family Court found that the allegations had been proven, and issued an order of protection in favor of the mother and the four children.
We agree with the Family Court's finding that the allegations in the family offense petition of harassment in the first degree ( Penal Law § 240.25 ), harassment in the second degree ( Penal Law § 240.26 ), and aggravated harassment in the second degree ( Penal Law § 240.30[4] ) are supported by a fair preponderance of the evidence (see Family Ct. Act § 832 ; Matter of Alam v. Alam, 108 A.D.3d 665, 968 N.Y.S.2d 403 ). The Family Court's determination regarding the credibility of witnesses is entitled to great weight on appeal, and will not be disturbed if supported by the record (see Matter of Blamoville v. Culbertson, 151 A.D.3d 1058, 58 N.Y.S.3d 463 ; Matter of Kiani v. Kiani, 134 A.D.3d 1036, 22 N.Y.S.3d 520 ; Matter of Kanterakis v. Kanterakis, 102 A.D.3d 784, 957 N.Y.S.2d 890 ).
The father's contentions regarding the Family Court's lack of jurisdiction are without merit (see Family Ct. Act §§ 812[1] ; 818).
The father's contentions that the Family Court violated Family Court Act §§ 261 and 262, regarding assignment of counsel, are not supported by the record.
There was sufficient evidence of aggravating circumstances as to the mother to support the Family Court's issuance a five-year stay away order of protection in her favor (see Family Ct. Act §§ 827[a][vii] ; 842; Matter of Raymond v. Raymond, 135 A.D.3d 771, 22 N.Y.S.3d 887 ).
SCHEINKMAN, P.J., DILLON, COHEN and CHRISTOPHER, JJ., concur.