IN RE: Renita BRAHAM (1999)

In family offense proceedings pursuant to Family Court Act article 8, Dave A. Braham, the husband, appeals from (1) an order of protection of the Family Court, Nassau County (Koenig, J.), dated August 27, 1998, which, inter alia, directed him to vacate and stay away from the marital premises, and (2) an order of the same court, entered January 25, 1999, which awarded counsel fees to the wife's attorney.

ORDERED that the orders are affirmed, with costs.

Upon our review of the record, we find that the husband committed the family offense of harassment, thereby warranting the issuance of an order of protection (see, Family Ct. Act § 812[1];  Penal Law § 240.26[3];  Matter of Dienes v. Dienes, 240 A.D.2d 576, 659 N.Y.S.2d 788;  Matter of Smith v. Antonio, 239 A.D.2d 509, 658 N.Y.S.2d 962).   The Family Court properly directed the husband to vacate and stay away from the marital premises since the record demonstrated that he conducted himself in an offensive and frightening manner toward the wife (see, Matter of Cutrone v. Cutrone, 225 A.D.2d 767, 640 N.Y.S.2d 568;  Matter of Amy Cohen L. v. Howard N. L., 222 A.D.2d 677, 636 N.Y.S.2d 654;  Merola v. Merola, 146 A.D.2d 611, 536 N.Y.S.2d 842).

The Family Court's determination to award counsel fees to the wife's attorney is supported by the record (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 524 N.Y.S.2d 176, 518 N.E.2d 1168;  Matter of Zirkind v. Zirkind, 218 A.D.2d 745, 630 N.Y.S.2d 570).

The husband's remaining contentions are without merit.

MEMORAMDUM BY THE COURT.