| Matter of Tristyn R. (Joshua R.) |
| 2016 NY Slip Op 08757 [145 AD3d 1611] |
| December 23, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Tristyn R. and Another, Infants. Cattaraugus County Department of Social Services et al., Respondents; Joshua R., Appellant, et al., Respondent. |
Carr Saglimben LLP, Olean (Jay D. Carr of counsel), for respondent-appellant.
Michael D. Burke, Attorney for the Children, Olean.
Appeal from an amended order of the Family Court, Cattaraugus County (Michael L. Nenno, J.), entered March 24, 2015 in a proceeding pursuant to Family Court Act article 10. The amended order, inter alia, determined that respondent Joshua R. violated a temporary order of protection.
It is hereby ordered that the amended order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent father appeals from an amended custody and dispositional order that, inter alia, determined that he violated a temporary order of protection issued in favor of his children. Family Court credited the testimony at the hearing that the father had contact with his children on numerous occasions. " 'According deference to that credibility determination, as we must, we conclude that petitioner established by clear and convincing evidence that [the father] willfully violated the relevant order of protection' " (Matter of Schoenl v Schoenl, 136 AD3d 1361, 1362 [2016]; see Matter of Da'Shunna M.H. [Delbert W.H.], 133 AD3d 1381, 1382 [2015]). Present—Peradotto, J.P., Carni, Curran, Troutman and Scudder, JJ.