| Matter of Smith v Smith |
| 2013 NY Slip Op 01835 [104 AD3d 860] |
| March 20, 2013 |
| Appellate Division, Second Department |
| In the Matter of Denese Smith,Respondent, v Michael Smith, Appellant. |
—[*1] Joel Borenstein, Brooklyn, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, Michael Smithappeals from (1) an order of fact-finding and disposition of the Family Court, KingsCounty (Krauss, J.), dated January 3, 2012, which, after a hearing, found that he hadcommitted the family offense of disorderly conduct and directed him to comply with anorder of protection of the same court dated January 3, 2012, for a period not to exceedtwo years, and (2) the order of protection dated January 3, 2012, which, inter alia,directed him to refrain from harassing Denese Smith until and including January 2, 2014.
Ordered that the order of fact-finding and disposition and the order of protection areaffirmed, without costs or disbursements.
Contrary to the appellant's contention, the Family Court's determination that he hadengaged in fighting with the petitioner, as prohibited under the family offense ofdisorderly conduct, was supported by a preponderance of the evidence (see PenalLaw § 240.20 [1]; Matterof Smith v Amedee, 101 AD3d 1033 [2012]).
The appellant's remaining contentions are either without merit or improperly raisedfor the first time on appeal in his reply brief. Skelos, J.P., Leventhal, Hall and Lott, JJ.,concur.