Nezaj v. Brahimi — 88 A.D.3d 723

Majority

p. 723

In the Matter of Ziza Nezaj, Respondent, v Bajram Brahimi, Appellant.

[930 NYS2d 878]

Contrary to the appellant’s contention, a fair preponderance

p. 724

of the evidence presented at the fact-finding hearing supported the Family Court’s determination that he had committed certain family offenses, warranting the issuance of an order of protection (see Family Ct Act § 812 [1]; § 821 [1] [a]; § 832; Matter of Williams v Maise, 85 AD3d 933 [2011]; Matter of Amber JJ. v Michael KK., 82 AD3d 1558 [2011]). Moreover, the dismissal of criminal charges against the appellant that were based on certain conduct alleged in the family offense petition did not have a res judicata effect with respect to this family offense proceeding, where proof beyond a reasonable doubt is not required (see Matter of Schneider v Arata, 81 AD3d 652 , 653 [2011]).

The appellant’s remaining contentions are without merit. Prudenti, EJ., Rivera, Austin and Roman, JJ., concur.

Cases cited

Williams v. Maise 85 AD3d 933 N.Y. App. Div. 2011-06-14 p. 724
Amber JJ. v. Michael KK. 82 AD3d 1558 N.Y. App. Div. 2011-03-31 p. 724