| Matter of Greener v Greener |
| 2010 NY Slip Op 07172 [77 AD3d 664] |
| October 5, 2010 |
| Appellate Division, Second Department |
| In the Matter of Elisa T. Greener, Respondent, v David V.Greener, Appellant. |
—[*1]
In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals from anorder of disposition of the Family Court, Orange County (Bivona, J.), dated December 31, 2009,which, upon an order of protection of the same court dated December 3, 2009, issued upon, in effect,a finding that he committed a family offense, made after a hearing, directed him to comply with theorder of protection.
Ordered that on the Court's own motion, the notice of appeal from the order of protection isdeemed to be a premature notice of appeal from the order of disposition (see CPLR 5520 [c]);and it is further,
Ordered that the order of disposition is affirmed, without costs or disbursements.
"The determination of whether a family offense was committed is a factual issue to be resolved bythe Family Court" (Matter of Lallmohamed vLallmohamed, 23 AD3d 562, 562 [2005]; see Matter of Fiore v Fiore, 34 AD3d 803 [2006]; Matter of Kraus v Kraus, 26 AD3d494, 495 [2006]), and that determination is entitled to great weight on appeal (see Matter of Ford v Pitts, 30 AD3d419, 420 [2006]; Matter of Wissink vWissink, 13 AD3d 461, 462 [2004]; Matter of St. Denis v St. Denis, 1 AD3d 370 [2003]). Here, a fairpreponderance of the credible evidence supported the Family Court's determination that the husbandcommitted acts which constituted the family offense of menacing in the second degree, warranting theissuance of an order of protection (see Family Ct Act § 832; Penal Law § 120.14[1], [2]; Matter of Kaur v Singh, 73AD3d 1178 [2010]; Matter of Gray vGray, 55 AD3d 909, 910 [2008]; Matter of De La Cruz v Colon, 16 AD3d 496, 497 [2005]). Santucci,J.P., Balkin, Belen and Chambers, JJ., concur.