| Matter of Spreitzer v Spreitzer |
| 2012 NY Slip Op 05535 [97 AD3d 686] |
| July 11, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Barbara Spreitzer, Respondent, v Thomas Spreitzer, Appellant. |
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In a family offense proceeding pursuant to Family Court Act article 8, the former husband appeals from an order of protection of the Family Court, Orange County (Currier-Woods, J.), entered November 14, 2011, which, after a hearing, and upon a finding, in effect, that he had committed the family offenses of harassment in the first degree, harassment in the second degree, and aggravated harassment in the second degree, directed him, inter alia, to refrain from harassing the petitioner for a period up to and including November 14, 2012.
Ordered that the order of protection is affirmed, without costs or disbursements.
A fair preponderance of the credible evidence adduced at a fact-finding hearing supports the Family Court's determination that the former husband committed the family offenses of harassment in the second degree and aggravated harassment in the second degree (see Penal Law §§ 240.26, 240.30; Matter of Yalvac v Yalvac, 83 AD3d 853, 854 [2011]). Although the former husband's conduct did not rise to harassment in the first degree (see Penal Law § 240.25), since the evidence supported the Family Court's determination on the other family offenses, the order of protection was properly issued (see Family Ct Act § 842).
The former husband's remaining contentions are either unpreserved for appellate review or without merit. Angiolillo, J.P., Belen, Chambers and Austin, JJ., concur.