KIMBERLY v. RONALD (1999)

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

Matter of KIMBERLY A.K., Petitioner-Respondent, v. RONALD F.G., Respondent-Appellant. (Appeal No. 2.)

Decided: November 12, 1999

PRESENT: DENMAN, P.J., HAYES, HURLBUTT, SCUDDER and BALIO, JJ.

Kimberly A. Jordan, Syracuse, for respondent-appellant. Edward A. Gibson, Watertown, for petitioner-respondent.

Petitioner established by a fair preponderance of the evidence that respondent, by engaging in acts that constitute harassment in the second degree (Penal Law § 240.26[3] ), willfully violated a prior order of protection (see, Matter of Tina T. v. Steven U., 243 A.D.2d 863, 864, 663 N.Y.S.2d 307, lv. denied 91 N.Y.2d 805, 668 N.Y.S.2d 560, 691 N.E.2d 632; Matter of Boyd v. Boyd, 193 A.D.2d 1039, 1040, 598 N.Y.S.2d 380; Matter of Maryanne PP. v. Richard QQ., 192 A.D.2d 747, 748, 596 N.Y.S.2d 189). “[I]n view of Family Court's advantage of hearing the witnesses, its credibility determinations are not to be lightly set aside” (Matter of Maryanne PP. v. Richard QQ., supra, at 748, 596 N.Y.S.2d 189).

Order unanimously affirmed without costs.

MEMORANDUM:

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