Opinion
2020-03985
10-05-2021
In the Matter of Dolores Taveras De C., Petitioner-Respondent, v. Adalberto DeJesus C., Respondent-Appellant. Docket No. O-07185/19 Appeal No. 14292
Larry S. Bachner, New York, for appellant. Bruce A. Young, Brooklyn, for respondent.
Larry S. Bachner, New York, for appellant.
Bruce A. Young, Brooklyn, for respondent.
Before: Webber, J.P., Singh, Scarpulla, Mendez, Rodriguez, JJ.
Order, Family Court, New York County (Jacob K. Maeroff, Referee), entered on or about September 30, 2020, which, upon a fact-finding determination that respondent husband committed the family offense of menacing in the second degree, granted a three-month order of protection in favor of petitioner wife, unanimously affirmed, without costs.
A fair preponderance of the evidence supports the determination that respondent committed the family offense of menacing in the second degree during the June 7, 2019 incident. The hearing testimony showed that in the midst of an acrimonious and ongoing dispute over petitioner's alleged infidelity, respondent threatened her with a 13-inch long kitchen knife and threatened to kill her, thereby placing petitioner in reasonable fear of physical injury (see Family Ct Act § 832; Penal Law § 120.14[1]; Matter of Carmen L. v Rafael R., 163 A.D.3d 436, 437 [1st Dept 2018]; Matter of Irma A. v David A., 139 A.D.3d 454, 455 [1st Dept 2016]). Respondent's intent was readily inferable from his conduct and statements during the incident. (see Matter of Reiss v Reiss, 221 A.D.2d 280 [1st Dept 1995], lv denied 89 N.Y.2d 801 [1996] ).
Family Court's credibility determination is entitled to great deference and is supported by the record (see Matter of Erin C. v Walid M., 165 A.D.3d 547, 548 [1st Dept 2018]).