Matter of Fernandez v Pacheco
2009 NY Slip Op 01117 [59 AD3d 542]
February 10, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009

In the Matter of Theresa Fernandez, Respondent,
Jose Pacheco, Appellant.


Edward E. Caesar, Brooklyn, N.Y., for appellant.

Joanne N. Sirotkin, White Plains, N.Y., for respondent.

Faith G. Miller, White Plains, N.Y., attorney for the children.

In a family offense proceeding pursuant to Family Court Act article 8, Jose Pacheco appeals from an order of protection of the Family Court, Westchester County (Klein, J.), entered March 12, 2008, which, after a hearing, inter alia, directed him to stay away from the petitioner and her children Veronica Fernandez, Olivia Pacheco, and Nicholas Pacheco for two years.

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

The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court (see Matter of Lallmohamed v Lallmohamed, 23 AD3d 562 [2005]), and the Family Court's determination regarding the credibility of witnesses is entitled to great weight on appeal (see Matter of Meiling Zhang v Jinghong Zhu, 36 AD3d 704 [2007]; Matter of Laboy v Melendez, 27 AD3d 650 [2006]). 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 warranting the issuance of an order of protection (see Family Ct Act §§ 812, 832).

The appellant's remaining contention is unpreserved for appellate review. Mastro, J.P., Florio, Covello and Belen, JJ., concur.