Fiore v. Fiore
823 N.Y.S.2d 902
N.Y. App. Div.
2006
Check Treatment

In the Matter of JOSEPH C. FIORE, Respondent, v CHERYL A. FIORE, Appellant.

Supreme Court, Appellate Division, Second Department, New York

823 N.Y.S.2d 902

In a family offense proceeding pursuant to Family Court Act article 8, the appeal is from an order of the Family Court, Queens County (Heffernan, J.), dated December 7, 2005, which, after a hearing, determined that the wife committed acts which constituted the family offense of aggravated harassment in the second degree, granted the petition for an order of protection, and required the wife to enroll in and complete an alcohol treatment program.

Ordered that the order 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

), and that determination is entitled to great weight on appeal (see
)” (
). The Family Court properly credited the husband’s testimony and determined by a fair preponderance of the evidence that the wife committed acts which constituted the family offense of aggravated harassment in the second degree (see Family Ct Act § 812 [1]; § 832; Penal Law § 240.30 [1]).

Furthermore, the Family Court’s requirement that the wife attend an alcohol treatment program was reasonable (Family Ct Act § 842;

;
;
). Adams, J.P., Ritter, Lunn and Covello, JJ., concur.