In re Tristyn R.

Not overruled or negatively treated on appealinfoCoverage
Supreme Court, Appellate Division, Fourth Department, New York.Dec 23, 2016
145 A.D.3d 1611 (N.Y. App. Div. 2016)
145 A.D.3d 161142 N.Y.S.3d 8912016 N.Y. Slip Op. 8757

12-23-2016

In the Matter of TRISTYN R. and Addasyn R. Cattaraugus County Department of Social Services, Jenna W. and Trevor W., Petitioners–Respondents; Joshua R., Respondent–Appellant, and Jacqueline Z., Respondent.

Carr Saglimben LLP, Olean (Jay D. Carr of Counsel), for respondent-appellant. Michael D. Burke, Attorney for the Children, Olean.


Appeal from an amended order of the Family Court, Cattaraugus County (Michael L. Nenno, J.), entered March 24, 2015 in a proceeding pursuant to Family Court Act article 10. The amended order, inter alia, determined that respondent Joshua R. violated a temporary order of protection.

Carr Saglimben LLP, Olean (Jay D. Carr of Counsel), for respondent-appellant.

Michael D. Burke, Attorney for the Children, Olean.

MEMORANDUM:Respondent father appeals from an amended custody and dispositional order that, inter alia, determined that he violated a temporary order of protection issued in favor of his children. Family Court credited the testimony at the hearing that the father had contact with his children on numerous occasions. “ ‘According deference to that credibility determination, as we must, we conclude that petitioner established by clear and convincing evidence that [the father] willfully violated the relevant order of protection’ ” (Matter of Schoenl v. Schoenl, 136 A.D.3d 1361, 1362, 25 N.Y.S.3d 482 ; see Matter of

Da'Shunna M.H. [Delbert W.H.], 133 A.D.3d 1381, 1382, 20 N.Y.S.3d 822 ).

It is hereby ORDERED that the amended order so appealed from is unanimously affirmed without costs.

PERADOTTO, J.P., CARNI, CURRAN, TROUTMAN, and SCUDDER, JJ., concur.