IN RE: TRISTYN R. AND ADDASYN R.

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Supreme Court, Appellate Division, Fourth Department.

IN RE: TRISTYN R. AND ADDASYN R. CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, JENNA W. AND TREVOR W., PETITIONERS–RESPONDENTS; JOSHUA R., RESPONDENT–APPELLANT, AND JACQUELINE Z., RESPONDENT.

CAF 15–00712

Decided: December 23, 2016

PRESENT:  PERADOTTO, J.P., CARNI, CURRAN, TROUTMAN, AND SCUDDER, JJ. CARR SAGLIMBEN LLP, OLEAN (JAY D. CARR OF COUNSEL), FOR RESPONDENT–APPELLANT.

MEMORANDUM AND ORDER

MICHAEL D. BURKE, ATTORNEY FOR THE CHILDREN, OLEAN.

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

Memorandum:  Respondent father appeals from an amended custody and dispositional order that, inter alia, determined that he violated a temporary order of protection issued in favor of his children.  Family Court credited the testimony at the hearing that the father had contact with his children on numerous occasions.  “ ‘According deference to that credibility determination, as we must, we conclude that petitioner established by clear and convincing evidence that [the father] willfully violated the relevant order of protection’ “ (Matter of Schoenl v. Schoenl, 136 AD3d 1361, 1362;  see Matter of Da'Shunna M.H. [Delbert W.H.], 133 AD3d 1381, 1382).

Frances E. Cafarell

Clerk of the Court