| Matter of Bailey-Felton v Felton |
| 2011 NY Slip Op 08936 [90 AD3d 652] |
| December 6, 2011 |
| Appellate Division, Second Department |
| In the Matter of Shawn Bailey-Felton,Respondent, v Maurice Felton, Appellant. |
—[*1] Barbara C. Kryszko, New York, N.Y., for respondent. Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter of counsel), Attorney for theChildren.
In a family offense proceeding pursuant to Family Court Act article 8, the appeal is from anorder of fact-finding, disposition, and protection of the Family Court, Kings County (Graham, J.),dated October 6, 2010, which, after a fact-finding and dispositional hearing, found that theappellant had committed certain family offenses and which, upon a finding of aggravatingcircumstances, directed the appellant to stay away from the petitioner and the parties' twoyoungest children for a period of five years.
Ordered that the order of fact-finding, disposition, and protection is affirmed, without costsor disbursements.
"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" (Matter of Genzen v Genzen, 74 AD3d 1196 [2010]). Here, therecord supports the Family Court's determination that the petitioner established, by apreponderance of the evidence, that the appellant committed certain family offenses, and alsoreveals the existence of aggravating circumstances justifying the Family Court's five-year orderof protection with respect to the petitioner and the parties' two youngest children (see Matter of Williams v Maise, 85AD3d 933 [2011]; Matter of Kaur vSingh, 73 AD3d 1178 [2010]; Matter of Gonzalez v Acosta, 73 AD3d 921 [2010]; Matter of Dell'Isola v Dell'Isola, 19AD3d 488 [2005]).
The appellant's remaining contentions are without merit. Florio, J.P., Balkin, Belen andChambers, JJ., concur.