| Matter of Fernandez v Pacheco |
| 2009 NY Slip Op 01117 [59 AD3d 542] |
| February 10, 2009 |
| Appellate Division, Second Department |
| In the Matter of Theresa Fernandez, Respondent, v JosePacheco, Appellant. |
—[*1]
Joanne N. Sirotkin, White Plains, N.Y., for respondent.
Faith G. Miller, White Plains, N.Y., attorney for the children.
In a family offense proceeding pursuant to Family Court Act article 8, Jose Pacheco appealsfrom an order of protection of the Family Court, Westchester County (Klein, J.), entered March12, 2008, which, after a hearing, inter alia, directed him to stay away from the petitioner and herchildren Veronica Fernandez, Olivia Pacheco, and Nicholas Pacheco for two years.
Ordered that the order of protection is affirmed, without costs or disbursements.
The determination of whether a family offense was committed is a factual issue to beresolved by the Family Court (seeMatter of Lallmohamed v Lallmohamed, 23 AD3d 562 [2005]), and the Family Court'sdetermination regarding the credibility of witnesses is entitled to great weight on appeal (see Matter of Meiling Zhang v JinghongZhu, 36 AD3d 704 [2007];Matter of Laboy v Melendez, 27 AD3d 650 [2006]). The record supports the FamilyCourt's determination that the petitioner established, by a preponderance of the evidence, that theappellant committed certain family offenses warranting the issuance of an order of protection(see Family Ct Act §§ 812, 832).
The appellant's remaining contention is unpreserved for appellate review. Mastro, J.P.,Florio, Covello and Belen, JJ., concur.