Appellate Division of the Supreme Court of New York, 1999

Benitez v. Murati

Benitez v. Murati
Appellate Division of the Supreme Court of New York · Decided June 10, 1999
262 A.D.2d 79; 689 N.Y.S.2d 637; 1999 N.Y. App. Div. LEXIS 6456
Benitez v. Murati

Opinion of the Court

—Order of disposition, Family Court, Bronx County (Marjory Fields, J.), entered on or about May 5, 1995, which, upon a fact-finding determination that respondent had willfully violated an order of protection with attendant aggravating circumstances, ordered respondent committed for six months and issued petitioner and her three children a three-year order of protection against respondent, unanimously affirmed, without costs.

Respondent’s argument that the finding of a violation of the order of protection is unsupported by competent proof in the record is without merit. The credited testimony of petitioner, petitioner’s 14 year-old daughter and petitioner’s neighbor sufficiently established the allegations in the petition (see, Family Ct Act §§ 821, 832, 846-a; Matter of Tina T. v Steven U., 243 AD2d 863, 864, lv denied 91 NY2d 805). The record also supports the court’s finding of aggravating circumstances warranting imposition of a three-year order of protection (see, Family Ct Act §§ 827, 842). Concur — Ellerin, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.

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