Opinion
13235 Dkt. No. O-05482/20 Case No. 2020-03420
03-02-2021
In the Matter of STEPHANIE E., Petitioner-Respondent, v. EFRAIN G., Respondent-Appellant
Steven N. Feinman, White Plains, for appellant. Law Office of Bruce A. Young, New York ( Bruce A. Young of counsel), for respondent.
Steven N. Feinman, White Plains, for appellant.
Law Office of Bruce A. Young, New York ( Bruce A. Young of counsel), for respondent.
Gische, J.P., Mazzarelli, Gonza´lez, Mendez, JJ.
Order, Family Court, New York County (Javier E. Vargas, J.), entered on or about July 1, 2020 which, upon a fact-finding determination that respondent committed the family offense of harassment in the second degree, ordered respondent excluded from the residence and granted petitioner a two-year order of protection, unanimously affirmed, without costs.
A fair preponderance of the evidence ( Family Court Act § 832 ) supports the Family Court's finding that respondent committed acts constituting the family offense of harassment in the second degree ( see Penal Law § 240.26[3] ; Matter of Alquidamia E.R. v. Luis A., 159 A.D.3d 477, 71 N.Y.S.3d 496 [1st Dept. 2018] ). Petitioner testified that respondent threatened to knock her out, shoved her repeatedly while cursing and yelling at her and commenced yelling and cursing at her again when the police arrived to escort him from the residence, and that it was not an isolated occurrence, respondent having behaved similarly with threats to get her evicted some time previously. This caused her to be frightened for her safety and for that of the parties’ adult son who resided with her and witnessed the outbursts.
Despite the fact that the parties’ testimony, as necessitated by the Covid–19 pandemic, occurred telephonically, there exists no basis for disturbing the Family Court's credibility determinations ( see Matter of Veronica P. v. Radcliff A., 126 A.D.3d 492, 2 N.Y.S.3d 799 [1st Dept. 2015], lv denied 25 N.Y.3d 911, 2015 WL 3618922 [2015] ; Matter of Hunt v. Hunt, 51 A.D.3d 924, 858 N.Y.S.2d 724 [2d Dept. 2008] ).