← Cases

Benitez v. Murati

262 A.D.2d 79 Court N.Y. App. Div. Decision date 1999-06-10 English

Contents

Majority

p. 79
Sandra Benitez, Respondent, v Jose Murati, Appellant.
[689 NYS2d 637]

—Order of disposition, Family Court, Bronx County (Marjory Fields, J.), entered on or about May 5, 1995, which, upon a fact-finding determination that respondent had willfully violated an order of protection with attendant aggravating circumstances, ordered respondent committed for six months and issued petitioner and her three children a three-year order of protection against respondent, unanimously affirmed, without costs.

Respondent’s argument that the finding of a violation of the order of protection is unsupported by competent proof in the record is without merit. The credited testimony of petitioner, petitioner’s 14 year-old daughter and petitioner’s neighbor sufficiently established the allegations in the petition (see, Family Ct Act §§ 821, 832, 846-a; Matter of Tina T. v Steven U., 243 AD2d 863 , 864, lv denied 91 NY2d 805 ). The record also supports the court’s finding of aggravating circumstances warranting imposition of a three-year order of protection (see, Family Ct Act §§ 827, 842). Concur — Ellerin, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.

Cases cited