IN RE: Christine TONEATTI (1999)

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

IN RE: Christine TONEATTI, a/k/a Christine Schiavone, respondent, v. Victor SCHIAVONE, appellant.

Decided: November 08, 1999

SONDRA MILLER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, ANITA R. FLORIO and ROBERT W. SCHMIDT, JJ.

Dienst & Serrins, New York, N.Y. (Leslie Ben-Zvi of counsel), for appellant.

In a family offense proceeding pursuant to Family Court Act article 8, the appeal is from an order of protection of the Family Court, Westchester County (Edlitz, J.), entered October 27, 1998, which, after a hearing, inter alia, revoked the appellant's license to carry firearms.

ORDERED that the order is affirmed, without costs or disbursements.

The question of whether the appellant threatened the use of a deadly weapon (see, Family Ct. Act § 842-a[2][a] ) was a disputed factual issue for the court to resolve. As the trier of fact, the Family Court's determination regarding the credibility of witnesses is entitled to great weight (see, Matter of Hendrick v. DiRusso, 264 A.D.2d 523, 694 N.Y.S.2d 471; Matter of Tibichrani v. Debs, 230 A.D.2d 746, 646 N.Y.S.2d 360). Its determination in that regard is not against the weight of the evidence. Therefore, the revocation by the Family Court of the appellant's license to carry firearms was not improper (see, Family Ct. Act § 842-a[2][a] ).

MEMORANDUM BY THE COURT.

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