Matter of Krasnova v Krasnov
2011 NY Slip Op 03240 [83 AD3d 940]
April 19, 2011
Appellate Division, Second Department
As corrected through Wednesday, June 8, 2011


In the Matter of Karina Krasnova, Respondent,
v
SergeyKrasnov, Appellant.

[*1]Sergey Krasnov, New York, N.Y., appellant pro se.

Karina Krasnova, Woodmere, N.Y., respondent pro se.

Bruce J. Cohen, Jericho, N.Y., Attorney for the Children.

In a family offense proceeding pursuant to Family Court Act article 8, the husband appealsfrom an order of protection of the Family Court, Nassau County (Zimmerman, J.), dated June 7,2010, which, after a hearing, found that he committed certain family offenses, and directed him,inter alia, to stay away from the wife and the parties' children for a period of one year.

Ordered that the order of protection is affirmed, without costs or disbursements.

"The determination of whether a family offense was committed is a factual issue to beresolved by the Family Court, and that court's determination regarding the credibility ofwitnesses is entitled to great weight on appeal and will not be disturbed if supported by therecord" (Matter of Richardson vRichardson, 80 AD3d 32, 43-44 [2010]). Here, the Family Court was presented withconflicting testimony as to whether, on various occasions over an approximately 1½-yearperiod, the husband threatened and assaulted the wife and the parties' children. The FamilyCourt's determination that the wife established, by a preponderance of the evidence (seeFamily Ct Act § 832), that certain family offenses were committed against her and thechildren, was based upon the Family Court's assessment of the parties' credibility, and issupported by the record. Accordingly, the Family Court properly issued the order of protection.

The husband's remaining contentions are without merit. Dillon, J.P., Florio, Balkin and Eng,JJ., concur.


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