Lallmohamed v. Lallmohamed
806 N.Y.S.2d 622
N.Y. App. Div.
2005
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In the Matter of Bibi Lallmohamed, Respondent, v Saheed Lallmohamed, Appellant

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

806 NYS2d 622

In a family offense proceeding pursuant to Family Court Act article 8, the father appeals from (1) an order of protection of the Family Court, Queens County (Clark, J.), dated June 28, 2004, and (2) an amended order of protection of the same court dated September 21, 2004, which, after a hearing, upon a finding that he committed acts constituting the family offenses of harassment and stalking, granted the mother‘s petition for an order of protection.

Ordered that the appeal from the order of protection dated June 28, 2004, is dismissed, without costs or disbursements, as that order was superseded by the amended order of protection dated September 21, 2004; and it is further,

Ordered that the amended order of protection dated September 21, 2004, 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 determined that the mother proved by a preponderance of the evidence that the father committed acts constituting the family offenses of harassment and stalking warranting the issuance of an order of protection (see Family Ct Act §§ 812, 832; Penal Law §§ 120.45, 240.26 [1];
;
).

The father‘s remaining contentions are without merit. Adams, J.P., Luciano, Mastro and Lunn, JJ., concur.