| Matter of Nelson-Waller v Waller |
| 2009 NY Slip Op 02608 [60 AD3d 1068] |
| March 31, 2009 |
| Appellate Division, Second Department |
| In the Matter of Tanya D. Nelson-Waller,Respondent, v Michael L. Waller, Appellant. |
—[*1] Joseph J. Artrip, New Windsor, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the husband appealsfrom an order of protection of the Family Court, Orange County (Bivona, J.), dated July 15,2008, which, after a hearing, and upon, in effect, a finding that he committed the family offenseof disorderly conduct, inter alia, directed him to stay away from the wife for a period of twoyears.
Ordered that the order of protection is affirmed, without costs or disbursements.
"A family offense must be established by a 'fair preponderance of the evidence' (Family CtAct § 832). The Family Court's determination regarding the credibility of witnesses mustbe given great weight on appeal unless clearly unsupported by the record" (Matter of Hunt vHunt, 51 AD3d 924, 925 [2008]). The record supports the Family Court's finding that, basedon a preponderance of the evidence, the husband committed acts constituting the family offenseof disorderly conduct, warranting the issuance of the order of protection. Skelos, J.P., Dillon,Covello and Leventhal, JJ., concur.