| Matter of Larson v Gilliam |
| 2008 NY Slip Op 02156 [49 AD3d 650] |
| March 11, 2008 |
| Appellate Division, Second Department |
| In the Matter of Tracy Larson, Respondent, v DarrylGilliam, Appellant. |
—[*1] Mary Jean Howland, Tuckahoe, N.Y., Law Guardian.
In a family offense proceeding pursuant to Family Court Act article 8, Darryl Gilliam appealsfrom an order of protection of the Family Court, Westchester County (Duffy, J.), dated January30, 2007, which, after a hearing, and upon, in effect, a finding that he committed the familyoffenses of disorderly conduct and aggravated harassment in the second degree, and two separateoffenses of harassment in the second degree, directed him, inter alia, to stay away from andrefrain from contacting the petitioner and her three children, including the child she has incommon with him, until January 30, 2009.
Ordered that the order of protection is affirmed, without costs or disbursements.
Whether the appellant committed family offenses was a disputed factual issue. Thedetermination of the Family Court regarding the credibility of witnesses, as the trier of fact, isentitled to great weight (see Matter ofRankoth v Sloan, 44 AD3d 863 [2007]; Matter of Dancer v Robertson, 38 AD3d 887 [2007]). The fairpreponderance of the evidence supports the Family Court's determination, in effect, that theappellant committed the family offenses of disorderly conduct and aggravated harassment in thesecond degree, and two separate offenses of harassment in the second degree, warranting theissuance of an order of protection (seeMatter of Wallace v Wallace, 45 AD3d 599 [2007]; Matter of Vankeuren v Craft, 39 AD3d 763 [2007]; Matter of Bonsignore v Bonsignore, 37AD3d 602 [2007]).
The appellant's contention that the Family Court erred in admitting certain letters into [*2]evidence was not preserved for appellate review.
The appellant's remaining contention is without merit. Spolzino, J.P., Angiolillo, Balkin andLeventhal, JJ., concur.