Majority
Appeal from an order of protection of the Family Court, Westchester County (David Klein, J.), dated August 25, 2014. The order of protection, after a hearing, upon a finding, in effect, that the appellant committed the family offenses of disorderly conduct and harassment in the second degree, directed the appellant, inter alia, to stay away from the petitioner and the parties’ child for a period up to and including August 25, 2016.
Ordered that the order of protection is affirmed, without costs or disbursements.
A family offense must be established by a fair preponderance of the evidence (see Family Ct Act § 832; Matter of Ramdhanie v Ramdhanie, 129 AD3d 737 [2015]; Matter of Giresi-Palazzolo v Palazzolo, 127 AD3d 752 [2015]; Matter of Tulshi v Tulshi, 118 AD3d 716 [2014]). “The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and that court’s determination regarding the credibility of witnesses is entitled to great weight on appeal unless clearly unsupported by the record” (Matter of Bibolova v Radu, 82 AD3d 1222 , 1223 [2011]; see Matter of Martinez v Aviles, 112 AD3d 719 [2013]). “Only competent, material and relevant evidence may be admitted in a fact-finding hearing” (Family Ct Act § 834; see Matter of Walsh v Desroches, 118 AD3d 813 , 814 [2014]; Matter of Nunziata v Nunziata, 93 AD3d
The appellant’s remaining contentions are without merit. Rivera, J.P., Dillon, Chambers and LaSalle, JJ., concur.
Cases cited
- Ramdhanie v. Ramdhanie 129 AD3d 737 p. 751
- Giresi-Palazzolo v. Palazzolo 127 AD3d 752 p. 751
- Tulshi v. Tulshi 118 AD3d 716 p. 751
- Bibolova v. Radu 82 AD3d 1222 at 1223 p. 751
- Martinez v. Aviles 112 AD3d 719 p. 751
- Walsh v. Desroches 118 AD3d 813 at 814 p. 751
- Cassie v. Cassie 109 AD3d 337 at 342 p. 752
- Lynn TT. v. Joseph O. 129 AD3d 1129 at 1130-1131 p. 752
- Dayan v. Dayan 126 AD3d 749 at 750 p. 752
- Bazante v. Bazante 107 AD3d 707 p. 752