| Matter of Charalambous v Zohios |
| 2015 NY Slip Op 01631 [125 AD3d 963] |
| February 25, 2015 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Lucy Charalambous,Respondent, v Alex Zohios, Appellant. |
Robert Hausner, Garden City, N.Y., for appellant.
Appeal from (1) an order of fact-finding and disposition of the Family Court, QueensCounty (Fran L. Lubow, J.), dated June 11, 2014, and (2) an order of protection of thatcourt dated June 11, 2014. The order of fact-finding and disposition, insofar as appealedfrom, after a fact-finding hearing, found that Alex Zohios committed the family offenseof stalking in the fourth degree. The order of protection directed him, inter alia, to stayaway from the petitioner until and including June 11, 2016.
Ordered that the order of fact-finding and disposition and the order of protection areaffirmed, without costs or disbursements.
The allegations asserted in a petition in a family offense proceeding must besupported by "a fair preponderance of the evidence" (Family Ct Act § 832;see Matter of Maiorino vMaiorino, 107 AD3d 717 [2013]; Matter of Patton v Torres, 38 AD3d 667, 668 [2007];Matter of Dabbene v Dabbene, 297 AD2d 812 [2002]). The Family Court'sdetermination regarding the credibility of witnesses is entitled to great weight on appealunless clearly unsupported by the record (see Matter of Maiorino v Maiorino, 107AD3d at 717; Matter ofSantiago v Friedman, 35 AD3d 482 [2006]). Here, contrary to the appellant'scontention, a fair preponderance of the credible evidence supports the Family Court'sdetermination that he committed the family offense of stalking in the fourth degree,warranting the issuance of an order of protection against him (see Family Ct Act§ 832; Penal Law § 120.45 [3]; Matter of Hubbard v PonceDeLeon, 108 AD3d 628, 629-630 [2013]; cf. Matter of Ovsanik v Ovsanik, 89 AD3d 1451 [2011]).Skelos, J.P., Balkin, Hall and Maltese, JJ., concur.