| Matter of Barnes v Barnes |
| 2008 NY Slip Op 06827 [54 AD3d 755] |
| September 9, 2008 |
| Appellate Division, Second Department |
| In the Matter of Delcame Barnes, Appellant, v RichardBarnes, Respondent. |
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In related family offense proceedings pursuant to Family Court Act article 8, the petitionerappeals from an order of the Family Court, Suffolk County (Freundlich, J.), dated June 4, 2007,which, after a hearing, dismissed her petition alleging that the respondent violated the conditionsof an order of protection of the same court dated June 7, 2006, and her separate petition tomodify the conditions of that order of protection.
Ordered that the order is affirmed, without costs or disbursements.
Where the Family Court is primarily presented with issues of credibility, its factualdeterminations are afforded great weight on appeal, and will not be disturbed if supported by therecord (see Matter of Hijri vFargaly, 49 AD3d 737 [2008]; Matter of Wilkins v Wilkins, 47 AD3d 823 [2008]; Matter of Spillman v Spillman, 40AD3d 770 [2007]; Matter ofBelgrave v Mingo, 28 AD3d 479 [2006]). Here, the Family Court was presented withsharply conflicting testimony as to whether the respondent violated the subject order ofprotection by making a threatening telephone call to the petitioner. The court's determination thatthe petitioner had failed to establish that this violation occurred was based solely upon itsassessment of the credibility of the parties, and is supported by the record (see Matter of Belgrave v Mingo, 28AD3d 479 [2006]). Furthermore, the petitioner failed to offer sufficient proof to establishany other violation of the order of protection. Accordingly, the court properly dismissed both thepetition alleging a violation of the order of protection, and the separate petition to modify theconditions of the order of protection by extending its term. Mastro, J.P., Dillon, Eng and Belen,JJ., concur.