Opinion
2018–04648 2018–04690 Docket No. O–7581–17
01-16-2019
In the Matter of Donna MULLINGS, respondent, v. Pierre MULLINGS, appellant.
Salvatore C. Adamo, New York, NY, for appellant. Melissa C.R. Chernosky, Jamaica, NY, for respondent.
Salvatore C. Adamo, New York, NY, for appellant.
Melissa C.R. Chernosky, Jamaica, NY, for respondent.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 8, Pierre Mullings appeals from (1) an order of fact-finding and disposition of the Family Court, Kings County (Maria Arias, J.), dated March 26, 2018, and (2) an order of protection of the same court, also dated March 26, 2018. The order of fact-finding and disposition, after a hearing, found that the appellant committed the family offense of harassment in the second degree and directed the issuance of an order of protection. The order of protection, inter alia, directed the appellant to stay away from the petitioner for a period up to and including March 25, 2020.
ORDERED that the order of fact-finding and disposition and the order of protection are affirmed, without costs or disbursements.
"A family offense must be established by a fair preponderance of the evidence" ( Matter of Washington v. Washington, 158 A.D.3d 717, 718, 70 N.Y.S.3d 560 ; see Family Ct. Act § 832 ; Matter of Magana v. Delph, 163 A.D.3d 673, 674, 76 N.Y.S.3d 845 ). "The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court" ( Matter of Washington v. Washington, 158 A.D.3d at 718, 70 N.Y.S.3d 560 ; see Matter of Magana v. Delph, 163 A.D.3d at 674, 76 N.Y.S.3d 845 ). The 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 Magana v. Delph, 163 A.D.3d at 674, 76 N.Y.S.3d 845 ; Matter of Washington v. Washington, 158 A.D.3d at 718, 70 N.Y.S.3d 560 ).
Contrary to the appellant's contentions, a fair preponderance of the credible evidence supports the Family Court's determination that the appellant committed the family offense of harassment in the second degree (see Penal Law § 240.26[1] ; Matter of Washington v. Washington, 158 A.D.3d at 718, 70 N.Y.S.3d 560 ; Matter of Monos v. Monos, 123 A.D.3d 931, 931, 999 N.Y.S.2d 131 ), warranting the issuance of the two-year order of protection (see Family Ct. Act §§ 841, 842 ; Matter of Acevedo v. Acevedo, 145 A.D.3d 773, 774–775, 43 N.Y.S.3d 443 ). The credible evidence established that the appellant threatened to shoot the petitioner and to kick the petitioner's son in the liver, and that the appellant previously had angrily and intentionally broken the petitioner's computer.
Accordingly, there is no basis to disturb the Family Court's determination (see Matter of Washington v. Washington, 158 A.D.3d at 718–719, 70 N.Y.S.3d 560 ).
DILLON, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.