Matter of De La Cruz v Colon
2005 NYSlipOp 01903
March 14, 2005
Appellate Division, Second Department
As corrected through Wednesday, May 18, 2005


In the Matter of Narda De La Cruz, Respondent,
v
Achilles Colon, Appellant.

[*1]In a family offense proceeding pursuant to Family Court Act article 8, Achilles Colon appeals from an order of the Family Court, Kings County (Grosvenor, J.), dated May 7, 2004, which, after a hearing, found that he committed a family offense and granted an order of protection to the petitioner.

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

As the trier of fact, the Family Court's determination regarding the credibility of the witnesses is entitled to great weight (see Matter of Marino v Marino, 13 AD3d 537 [2004]; Matter of Phillips v Laland, 4 AD3d 529 [2004], lv denied 3 NY3d 609 [2004]), and we find no reason to disturb that determination.

The evidence adduced at the fact-finding hearing proved by the requisite preponderance of the evidence (see Family Ct Act § 832; Matter of Phillips v Laland, supra at 530) that the appellant committed acts constituting disorderly conduct, menacing, and harassment warranting the issuance of the order of protection against him (see Family Ct Act § 812 [1]; § 832; Penal Law §§ 120.15, 240.20, 240.25; Matter of Clarke v Clarke, 8 AD3d 375 [2004]; Matter of Phillips v Laland, supra). H. Miller, J.P., Ritter, Mastro and Lifson, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.