Halper v. Halper
875 N.Y.S.2d 916
N.Y. App. Div.
2009
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In the Matter of JANET HALPER, Respondent, v JASON HALPER, Appellant.

Supreme Court, Appellate Division, Second Department, New York

875 N.Y.S.2d 916

In a family offense proceeding pursuant to Family Court Act article 8, Jason Halper appeals from an order of the Family Court, Kings County (Feldman, J.H.O.), dated June 9, 2008, which, after a hearing, found that he committed a family offense and granted an order of protection to the petitioner.

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 when the Family Court is confronted with issues of credibility, its findings are accorded great weight on appeal (see
;
;
). The record presented here is adequate to permit a meaningful review of the Family Court‘s determination (see
). Upon such review, we find that the petitioner established, by a preponderance of the evidence (see
), that the appellant committed acts constituting harassment in the second degree, thus warranting the issuance of an order of protection, and we find no basis to disturb the Family Court‘s determination (see Family Ct Act § 812 [1]; Penal Law § 240.26 [3];
). Spolzino, J.P., Skelos, Santucci and Dickerson, JJ., concur.