Matter of Bailey-Felton v Felton
2011 NY Slip Op 08936 [90 AD3d 652]
December 6, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


In the Matter of Shawn Bailey-Felton, Respondent,
v
Maurice Felton, Appellant.

[*1] Omotayo Orederu, Glenville, N.Y., for appellant.

Barbara C. Kryszko, New York, N.Y., for respondent.

Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter of counsel), Attorney for the Children.

In a family offense proceeding pursuant to Family Court Act article 8, the appeal is from an order 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 the appellant had committed certain family offenses and which, upon a finding of aggravating circumstances, directed the appellant to stay away from the petitioner and the parties' two youngest children for a period of five years.

Ordered that the order of fact-finding, disposition, and protection is affirmed, without costs or disbursements.

"The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and its determinations regarding the credibility of witnesses are entitled to great weight on appeal" (Matter of Genzen v Genzen, 74 AD3d 1196 [2010]). Here, the record supports the Family Court's determination that the petitioner established, by a preponderance of the evidence, that the appellant committed certain family offenses, and also reveals the existence of aggravating circumstances justifying the Family Court's five-year order of protection with respect to the petitioner and the parties' two youngest children (see Matter of Williams v Maise, 85 AD3d 933 [2011]; Matter of Kaur v Singh, 73 AD3d 1178 [2010]; Matter of Gonzalez v Acosta, 73 AD3d 921 [2010]; Matter of Dell'Isola v Dell'Isola, 19 AD3d 488 [2005]).

The appellant's remaining contentions are without merit. Florio, J.P., Balkin, Belen and Chambers, JJ., concur.