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IN RE: Zhour HIJRI, respondent, v. Nasser FARGALY, appellant.
In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals, as limited by his brief, from so much of an order of the Family Court, Westchester County (Devlin, J.), entered March 15, 2007, as, after a hearing, determined that he violated an order of protection of the same court entered November 28, 2006.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
“Where the Family Court is primarily confronted with issues of credibility, its factual determinations are afforded great weight on appeal” (Matter of Spillman v. Spillman, 40 A.D.3d 770, 770, 833 N.Y.S.2d 907; see Matter of Wilkins v. Wilkins, 47 A.D.3d 823, 850 N.Y.S.2d 538). Here, the record supports the Family Court's determination, based upon a fair preponderance of the evidence, that the husband violated the “stay away” provision of the previously-issued order of protection by following his wife on the Taconic State Parkway, pulling alongside her vehicle, sounding the horn and waving, and then pulling in front of her vehicle and speeding away (see generally Matter of Wilkins v. Wilkins, 47 A.D.3d 823, 850 N.Y.S.2d 538; Matter of Spillman v. Spillman, 40 A.D.3d at 770, 833 N.Y.S.2d 907; Matter of Tina T. v. Steven U., 243 A.D.2d 863, 864, 663 N.Y.S.2d 307).
The husband's remaining contentions are without merit.
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Decided: March 18, 2008
Court: Supreme Court, Appellate Division, Second Department, New York.
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