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Matter of Cutrone v. Cutrone

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 767 (N.Y. App. Div. 1996)

Opinion

March 25, 1996

Appeal from the Family Court, Queens County (Torres, J.).


Ordered that the orders are affirmed, without costs or disbursements.

Although the order of protection excluding the appellant from the family residence has expired, in light of the enduring consequences which may potentially flow from an adjudication that a party has committed a family offense, we find that this appeal is not academic ( see, Matter of Bickwid v Deutsch, 87 N.Y.2d 862; Matter of Williams v Cornelius, 76 N.Y.2d 542). However, we find no basis to disturb the Family Court's determination that the appellant harassed his wife and daughter in violation of a previous order of protection. The question of whether the appellant committed acts of harassment was a disputed factual issue for the court to resolve, and the determination of the Family Court, as the trier of fact, regarding credibility of the witnesses is entitled to great weight ( see, Matter of Bart v Bart, 219 A.D.2d 710; Matter of Croce v Tsombanis, 209 A.D.2d 516). While the wife did not claim that the appellant had engaged in physical violence, the record supports the court's conclusion that the appellant willfully engaged in a course of conduct intended to harass both the wife and the parties' daughter ( see, Matter of Croce v Tsombanis, supra; Matter of Dutz v Colon, 183 A.D.2d 715; Matter of Rogers v Rogers, 161 A.D.2d 754; Merola v Merola, 146 A.D.2d 611).

Furthermore, we find no merit to the appellant's claim that the Family Court abrogated his right to present evidence in support of his own family offense petition.

We have examined the appellant's remaining contentions and find that they are without merit. Bracken, J.P., Sullivan, Santucci and Krausman, JJ., concur.


Summaries of

Matter of Cutrone v. Cutrone

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 767 (N.Y. App. Div. 1996)
Case details for

Matter of Cutrone v. Cutrone

Case Details

Full title:In the Matter of CHRISTINE CUTRONE, Respondent, v. ANGELO CUTRONE…

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

Date published: Mar 25, 1996

Citations

225 A.D.2d 767 (N.Y. App. Div. 1996)
640 N.Y.S.2d 568

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