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Hijri v. Fargaly

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2008
49 A.D.3d 737 (N.Y. App. Div. 2008)

Opinion

No. 2007-03650, (Docket No. O-14073-06).

March 18, 2008.

In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals, as limited by his brief, from so much of an order of the Family Court, Westchester County (Devlin, J.), entered March 15, 2007, as, after a hearing, determined that he violated an order of protection of the same court entered November 28, 2006.

Adam Kelly, New York, N.Y., for appellant.

O'Melveny Myers LLP, New York, N.Y. (William J. Sushon, Alexandra A. Lewis, Kim Susser, and Christina Brandt-Young of counsel), for respondent.

Before: Spolzino, J.P., Ritter, Santucci and Carni, JJ.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

"Where the Family Court is primarily confronted with issues of credibility, its factual determinations are afforded great weight on appeal" ( Matter of Spillman v Spillman, 40 AD3d 770, 770; see Matter of Wilkins v Wilkins, 47 AD3d 823). Here, the record supports the Family Court's determination, based upon a fair preponderance of the evidence, that the husband violated the "stay away" provision of the previously-issued order of protection by following his wife on the Taconic State Parkway, pulling alongside her vehicle, sounding the horn and waving, and then pulling in front of her vehicle and speeding away ( see generally Matter of Wilkins v Wilkins, 47 AD3d 823; Matter of Spillman v Spillman, 40 AD3d at 770; Matter of Tina T. v Steven U., 243 AD2d 863, 864).

The husband's remaining contentions are without merit.


Summaries of

Hijri v. Fargaly

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2008
49 A.D.3d 737 (N.Y. App. Div. 2008)
Case details for

Hijri v. Fargaly

Case Details

Full title:In the Matter of ZHOUR HIJRI, Respondent, v. NASSER FARGALY, Appellant

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

Date published: Mar 18, 2008

Citations

49 A.D.3d 737 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2590
854 N.Y.S.2d 190

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