Majority
Order, Supreme Court, New York County (Tandra L. Dawson, J.), entered on or about August 9, 2016, which, after a fact-finding hearing, granted plaintiff wife’s application for a final order of protection and issued a five-year order of protection against defendant husband upon a finding of aggravating circumstances, unanimously affirmed, without costs. Order, same court and Justice, entered November 15, 2016, which denied the husband’s motion for a recusal, unanimously affirmed, without costs.
The credibility determinations of the Integrated Domestic Violence (IDV) Court are supported by the record and are entitled to deference. We see no basis to disturb them (Matter of Kondor v Kondor, 109 AD3d 660 [2d Dept 2013]; Matter of F.B. v W.B., 248 AD2d 119 [1st Dept 1998]). The court’s findings that the husband committed the family offenses of third-degree assault and second-degree harassment, which caused the wife physical injury on two separate occasions, were supported by the record. The presence of these aggravating circumstances warranted the issuance of a five-year final order of protection in plaintiff’s favor as reasonably necessary to provide meaningful protection to plaintiff (see Family Ct Act
We have considered the husband’s remaining arguments, including those regarding the denial of his recusal motion, and find them unavailing.
Concur—Acosta, P.J., Renwick, Kapnick, Kahn, Kern, JJ.
Cases cited
- Kondor v. Kondor 109 AD3d 660 p. 611
- Coumba F. v. Mamdou D. 102 AD3d 634 p. 612
- Mistretta v. Mistretta 85 AD3d 1034 p. 612