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Hijri v. Fargaly
49 A.D.3d 737
N.Y. App. Div.
2008
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In the Matter of ZHOUR HIJRI, Respondent, v NASSER FARGALY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department

854 N.Y.S.2d 190

“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, sound-ing 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.

Case Details

Case Name: Hijri v. Fargaly
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 18, 2008
Citation: 49 A.D.3d 737
Court Abbreviation: N.Y. App. Div.
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