IN RE: RAVEN A. SMITH (2025)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: RAVEN A. SMITH, PETITIONER-RESPONDENT, v. RICHARD P. LUCIVERO, RESPONDENT-APPELLANT.

471 Decided: June 06, 2025

PRESENT: CURRAN, J.P., BANNISTER, SMITH, DELCONTE, AND HANNAH, JJ.

CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT-APPELLANT. GARY MULDOON, ROCHESTER, ATTORNEY FOR THE CHILDREN.

MEMORANDUM AND ORDER

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

Memorandum: In this proceeding pursuant to Family Court Act article 8, respondent father appeals from an order committing him to a jail term of six months upon Family Court's prior finding that he willfully violated a temporary order of protection in favor of petitioner mother. The commitment was stayed for a period of two years on the condition that the father not violate a subsequent order of protection. According the requisite deference to the court's credibility determinations at the fact-finding hearing (see Matter of Schoenl v Schoenl, 136 AD3d 1361, 1362 [4th Dept 2016]), we conclude that the court properly determined that the mother established by clear and convincing evidence that the father violated the terms of the temporary order of protection (see Matter of Tristyn R. [Joshua R.], 145 AD3d 1611, 1611-1612 [4th Dept 2016]; cf. Matter of Lanzafame v Jones, 121 AD3d 1598, 1598 [4th Dept 2014], lv denied 24 NY3d 913 [2015]).

Entered: June 6, 2025

Ann Dillon Flynn

Clerk of the Court

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