| Matter of Smith v Amedee |
| 2012 NY Slip Op 08752 [101 AD3d 1033] |
| December 19, 2012 |
| Appellate Division, Second Department |
| In the Matter of Mia Smith, Respondent, v Franck Amedee,Appellant. |
—[*1] Elliot Green, Brooklyn, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, Franck Amedeeappeals from an order of protection of the Family Court, Queens County (Fitzmaurice, J.), datedNovember 2, 2011, which, after a hearing, and upon a finding that he had committed the familyoffenses of disorderly conduct, reckless endangerment in the second degree, and harassment inthe second degree, directed him, inter alia, to stay away from the petitioner until and includingNovember 2, 2013.
Ordered that the order is affirmed, without costs or disbursements.
"The determination of whether a family offense was committed is a factual issue to beresolved by the hearing court" (Matter ofCreighton v Whitmore, 71 AD3d 1141, 1141 [2010]; see Family Ct Act§§ 812, 832; Matter ofKaur v Singh, 73 AD3d 1178 [2010]), "and that court's determination regarding thecredibility of witnesses is entitled to considerable deference on appeal" (Matter of Cruz v Rodriguez, 96 AD3d838, 838 [2012]; see Matter of Kaur v Singh, 73 AD3d at 1178; Matter ofCreighton v Whitmore, 71 AD3d at 1141). Contrary to the appellant's contention, a fairpreponderance of the credible evidence supported the Family Court's determination that hecommitted acts which constituted the family offenses of disorderly conduct (see PenalLaw § 240.20 [1]; Family Ct Act § 812 [1]; Matter of Pearlman v Pearlman, 78 AD3d 711 [2010]), recklessendangerment in the second degree (see Penal Law § 120.20; Family Ct Act§ 812 [1]; Matter of Knibbs vZeman, 86 AD3d 568 [2011]), and harassment in the second degree (see PenalLaw § 240.26 [1]; Family Ct Act § 812 [1]; Matter of Kaur v Singh, 73AD3d at 1178), warranting the issuance of an order of protection.
The appellant's remaining contentions are either without merit or not properly before thisCourt. Mastro, J.P., Angiolillo, Sgroi and Miller, JJ., concur.