Opinion
2018–02947 Docket No. O–19099–17
02-13-2019
In the Matter of Aileen PERSICH, Respondent, v. Andrew PERSICH, Appellant.
Law Offices of Michael J. Langer, P.C., Mineola, NY, for appellant. Divins & Divins, P.C., Garden City, N.Y. (Byron A. Divins, Jr., of counsel), for respondent.
Law Offices of Michael J. Langer, P.C., Mineola, NY, for appellant.
Divins & Divins, P.C., Garden City, N.Y. (Byron A. Divins, Jr., of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDERIn a proceeding pursuant to Family Court Act article 8, Andrew Persich appeals from an order of protection of the Family Court, Suffolk County (Rosann O. Orlando, Ct. Atty. Ref.), dated February 6, 2018. The order of protection, upon a finding that Andrew Persich committed the family offenses of disorderly conduct and harassment in the second degree, made after a fact-finding hearing, directed Andrew Persich, among other things, to stay away from the petitioner until and including February 6, 2020.
ORDERED that the order of protection is affirmed, without costs or disbursements.
The petitioner commenced this family offense proceeding pursuant to Family Court Act article 8 against the appellant. Following a fact-finding hearing, the Family Court found that the appellant committed the family offenses of disorderly conduct and harassment in the second degree, and issued an order of protection directing the appellant, among other things, to stay away from the petitioner until and including February 6, 2020.
"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 ). "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 Pierre v. Dal, 142 A.D.3d 1021, 1023, 37 N.Y.S.3d 317 ). 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 Washington v. Washington, 158 A.D.3d at 718, 70 N.Y.S.3d 560 ; Matter of Pierre v. Dal, 142 A.D.3d at 1023, 37 N.Y.S.3d 317 ).
Contrary to the appellant's contention, a fair preponderance of the credible evidence supports the Family Court's determination that he committed the family offenses of disorderly conduct and harassment in the second degree ( Penal Law §§ 240.20, 240.26 ).
The appellant's remaining contentions are without merit.
Accordingly, there is no basis to disturb the order of protection (see Matter of Washington v. Washington, 158 A.D.3d at 718–719, 70 N.Y.S.3d 560 ).
LEVENTHAL, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.