Appellate Division of the Supreme Court of New York, 2016

In re Tristyn R.

In re Tristyn R.
Appellate Division of the Supreme Court of New York · Decided December 23, 2016 · Curran, Der, Garni, Peradotto, Scud, Troutman
145 A.D.3d 1611; 42 N.Y.S.3d 891
In re Tristyn R.

Opinion of the Court

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 *1612Da’Shunna M.H. [Delbert W.H.], 133 AD3d 1381, 1382 [2015]).

Present—Peradotto, J.P., Garni, Curran, Troutman and Scud-der, JJ.

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