| Matter of Scroger v Scroger |
| 2009 NY Slip Op 09890 [68 AD3d 1777] |
| December 30, 2009 |
| Appellate Division, Fourth Department |
| In the Matter of Lisa A. Scroger, Respondent, v Jerry K. Scroger,Appellant. |
—[*1] Michael Steinberg, Rochester, for petitioner-respondent.
Appeal from an order of the Family Court, Genesee County (Eric R. Adams, J.), enteredJanuary 9, 2009 in a proceeding pursuant to Family Court Act article 8. The order of protectiondirected respondent to observe certain conditions of behavior.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent husband appeals from an order in this proceeding pursuant toFamily Court Act article 8 determining that he committed the family offenses of disorderlyconduct and criminal mischief against petitioner wife. Contrary to the husband's contention, thewife established by a preponderance of the evidence that the husband engaged in actsconstituting those crimes (see Matter ofHarrington v Harrington, 63 AD3d 1618, 1619 [2009], lv denied 13 NY3d 705[2009]; Matter of Danielle S. v LarryR.S., 41 AD3d 1188 [2007]). Family Court's assessment of the credibility of thewitnesses is entitled to great weight, and the court was entitled to credit the testimony of the wifeover that of the husband (see Danielle S., 41 AD3d at 1189; Matter of Arlene E. v Ralph E., 17AD3d 1104 [2005]). Present—Scudder, P.J., Centra, Fahey, Carni and Pine, JJ.