| Matter of Genzen v Genzen |
| 2010 NY Slip Op 05552 [74 AD3d 1196] |
| June 22, 2010 |
| Appellate Division, Second Department |
| In the Matter of Sigal Genzen, Respondent, v SamuelGenzen, Appellant. |
—[*1] Michael G. Paul, New City, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the father appealsfrom (1) an order of protection of the Family Court, Rockland County (Christopher, J.), datedNovember 2, 2009, which, after hearing, and upon, in effect, a finding that he committed twoseparate offenses of harassment in the second degree, directed him, inter alia, to refrain fromcommitting any acts of assault, stalking, harassment, aggravated harassment, menacing, recklessendangerment, disorderly conduct, intimidation, criminal mischief, threats, or any criminaloffense, and from using any corporal punishment against the parties' four minor children, and (2)an order of the same court, also dated November 2, 2009, which directed him to enroll in andattend a 26-week domestic violence program at the Volunteer Counseling Service of RocklandCounty. By decision and order on motion of this Court dated January 12, 2010, enforcement ofso much of the second order as directed the father to attend a 26-week domestic violenceprogram was stayed pending hearing and determination of the appeals.
Ordered that the order of protection and the order are affirmed, without costs ordisbursements.
The determination of whether a family offense was committed is a factual issue to beresolved by the Family Court, and its determinations regarding the credibility of witnesses areentitled to great weight on appeal (see Matter of Nusbaum v Nusbaum, 59 AD3d 725[2009]; Matter of Fleming v Fleming, 52 AD3d 600 [2008]; Matter of Charles vCharles, 21 AD3d 487 [2005]). The evidence supports the Family Court's determination thatthe appellant committed two family offenses of harassment in the second degree, warranting theissuance of the order of protection (see Family Ct Act § 842; Penal Law §240.26 [1]; Matter of Larson v Gilliam, 49 AD3d 650 [2008]; Matter of Rankoth vSloan, 44 AD3d 863 [2007]; Matter of Dell'Isola v Dell'Isola, 19 AD3d 488 [2005]).Additionally, the Family Court properly directed the appellant to enroll in and attend a 26-weekdomestic violence program at the Volunteer Counseling Service of Rockland County(see Family Ct Act § 842 [g]). Mastro, J.P., Florio, Belen and Roman, JJ., concur.