Appellate Division of the Supreme Court of New York, 2011

Bailey-Felton v. Felton

Appellate Division of the Supreme Court of New York · Decided December 6, 2011

90 A.D.3d 652; 933 N.Y.2d 900

Cases that cite this one

2 later published cases cite this decision.

Hubbard v. DeLeon (Appellate Division of the Supreme Court of New York 2013)
Hubbard v. DeLeon (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*653“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’lsola, 19 AD3d 488 [2005]).

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

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