Appellate Division of the Supreme Court of New York, 2009

Catalan v. Catalan

Catalan v. Catalan
Appellate Division of the Supreme Court of New York · Decided March 31, 2009
60 A.D.3d 1051; 875 N.Y.S.2d 812
Catalan v. Catalan

Opinion of the Court

a family offense proceeding pursuant to Family Court Act article 8, Carlos Catalan appeals from an order of disposition of the Family Court, Kings County (Graham, J.), dated March 19, 2008, which, after a hearing and upon, in effect, a finding that he committed the family offense of harassment in the second degree, directed him to comply with the conditions set forth in an order of protection of the same court also dated March 19, 2008, inter alia, directing him to stay away from his mother for a period of two years.

Ordered that the order is affirmed, without costs or disbursements.

The fair preponderance of the evidence supports the Family Court’s determination that the appellant committed acts constituting harassment in the second degree in violation of *1052Penal Law § 240.26 (3), warranting the issuance of the order of protection, inter alia, directing him to stay away from his mother for a period of two years (see Matter of Tabernuro v Jones, 23 AD3d 667 [2005]). Spolzino, J.P., Florio, Covello and Eng, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.