Hijri v. Fargaly, 49 A.D.3d 737

“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

Citations: 49 A.D.3d 737; 854 N.Y.2d 190

Court Abbreviation: N.Y. App. Div.