| Matter of Scanziani v Hairston |
| 2012 NY Slip Op 08136 [100 AD3d 1007] |
| November 28, 2012 |
| Appellate Division, Second Department |
| In the Matter of Toni Scanziani, Respondent, v TonyaHairston, Appellant. |
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In a family offense proceeding pursuant to Family Court Act article 8, Tonya Hairstonappeals from an order of fact-finding and disposition of the Family Court, Kings County (Ross,J.H.O.), dated February 6, 2012, which, after a hearing, inter alia, found that she had committedthe family offenses of harassment in the second degree and disorderly conduct, and directed herto comply with the terms of an order of protection of the same court dated February 6, 2012.
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
A family offense must be established by a fair preponderance of the evidence (seeFamily Ct Act § 832; Matter ofPearlman v Pearlman, 78 AD3d 711, 712 [2010]). "The determination of whether afamily offense was committed is a factual issue to be resolved by the Family Court, and thatcourt's determination regarding the credibility of witnesses is entitled to great weight on appealand will not be disturbed if supported by the record" (Matter of Richardson v Richardson, 80 AD3d 32, 43-44 [2010]).
Here, a fair preponderance of the credible evidence adduced at the fact-finding hearingsupports the Family Court's determination that the appellant committed the family offenses ofharassment in the second degree and disorderly conduct (see Penal Law §§240.26, 240.20; Family Ct Act §§ 812, 832), warranting the issuance of an order ofprotection (see Family Ct Act § 842).
The appellant's remaining contention is without merit. Florio, J.P., Leventhal, Austin andRoman, JJ., concur.