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Fernandez v. Pacheco

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2009
59 A.D.3d 542 (N.Y. App. Div. 2009)

Opinion

No. 2008-02517.

February 10, 2009.

In a family offense proceeding pursuant to Family Court Act article 8, Jose Pacheco appeals from an order of protection of the Family Court, Westchester County (Klein, J.), entered March 12, 2008, which, after a hearing, inter alia, directed him to stay away from the petitioner and her children Veronica Fernandez, Olivia Pacheco, and Nicholas Pacheco for two years.

Edward E. Caesar, Brooklyn, N.Y., for appellant.

Joanne N. Sirotkin, White Plains, N.Y., for respondent.

Faith G. Miller, White Plains, N.Y., attorney for the children.

Before: Mastro, J.P., Florio, Covello and Belen, JJ.


Ordered that the order of protection is affirmed, without costs or disbursements.

The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court ( see Matter of Lallmohamed v Lallmohamed, 23 AD3d 562), and the Family Court's determination regarding the credibility of witnesses is entitled to great weight on appeal ( see Matter of Meiling Zhang v Jinghong Zhu, 36 AD3d 704; Matter of Laboy v Melendez, 27 AD3d 650). The record supports the Family Court's determination that the petitioner established, by a preponderance of the evidence, that the appellant committed certain family offenses warranting the issuance of an order of protection ( see Family Ct Act § 812, 832).

The appellant's remaining contention is unpreserved for appellate review.


Summaries of

Fernandez v. Pacheco

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2009
59 A.D.3d 542 (N.Y. App. Div. 2009)
Case details for

Fernandez v. Pacheco

Case Details

Full title:In the Matter of THERESA FERNANDEZ, Respondent, v. JOSE PACHECO, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 10, 2009

Citations

59 A.D.3d 542 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1117
872 N.Y.S.2d 291

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