| Matter of Akter v Patwary |
| 2011 NY Slip Op 00510 [80 AD3d 759] |
| January 25, 2011 |
| Appellate Division, Second Department |
| In the Matter of Farbin Akter, Respondent, v Hafiz A.Patwary, Appellant. |
—[*1] Janet L. Brown, Jamaica, N.Y., for respondent. John A. Pappalardo, White Plains, N.Y., Attorney for the Children.
In a family offense proceeding pursuant to Family Court Act article 8, Hafiz A. Patwaryappeals from an order of protection of the Family Court, Queens County (O'Connor, J.), datedMay 26, 2009, which, after a hearing, and upon a finding that he had committed certain familyoffenses, inter alia, directed him to stay away from the petitioner until May 20, 2011.
Ordered that the order of protection is affirmed, without costs or disbursements.
"The determination of whether a family offense was committed is a factual determination tobe resolved by the Family Court" (Matter of Robinson v Bennett, 49 AD3d 652 [2008]). "Where theFamily Court is primarily confronted with issues of credibility, its factual determinations areafforded great weight on appeal" (Matterof Spillman v Spillman, 40 AD3d 770, 770 [2007]). Contrary to the appellant'scontention, a fair preponderance of the credible evidence, including the petitioner's testimony thatthe appellant struck her on the side of the head, supports the Family Court's determination thatthe appellant committed family offenses warranting the issuance of the order of protection(see Family Ct Act § 832; Penal Law §§ 120.00, 120.15; Matter of Fleming v Fleming, 52 AD3d600 [2008]; Matter of Larson vGilliam, 49 AD3d 650 [2008]). Dillon, J.P., Balkin, Leventhal and Chambers, JJ.,concur.