Matter of Hijri v Fargaly
2008 NY Slip Op 02590 [49 AD3d 737]
March 18, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008

In the Matter of Zhour Hijri, Respondent,
Nasser Fargaly, Appellant.

[*1] Adam Kelly, New York, N.Y., for appellant.

O'Melveny & Myers LLP, New York, N.Y. (William J. Sushon, Alexandra A. Lewis, Kim Susser, and Christina Brandt-Young of counsel), for respondent.

In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals, as limited by his brief, from so much of an order of the Family Court, Westchester County (Devlin, J.), entered March 15, 2007, as, after a hearing, determined that he violated an order of protection of the same court entered November 28, 2006.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

"Where the Family Court is primarily confronted with issues of credibility, its factual determinations are afforded great weight on appeal" (Matter of Spillman v Spillman, 40 AD3d 770, 770 [2007]; see Matter of Wilkins v Wilkins, 47 AD3d 823 [2008]). Here, the record supports the Family Court's determination, based upon a fair preponderance of the evidence, that the husband violated the "stay away" provision of the previously-issued order of protection by following his wife on the Taconic State Parkway, pulling alongside her vehicle, sounding the horn and waving, and then pulling in front of her vehicle and speeding away (see generally Matter of Wilkins v Wilkins, 47 AD3d 823 [2008]; Matter of Spillman v Spillman, 40 AD3d at 770; Matter of Tina T. v Steven U., 243 AD2d 863, 864 [1997]).

The husband's remaining contentions are without merit. Spolzino, J.P., Ritter, Santucci and Carni, JJ., concur.