Sblendorio v. D'Agostino
877 N.Y.S.2d 92
N.Y. App. Div.
2009
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In the Matter of Debby Sblendorio, Respondent, v Pat D‘Agostino, Appellant.

Supreme Court, Appellate Division, Second Department, New York

877 N.Y.S.2d 92

In the Matter of Debby Sblendorio, Respondent, v Pat D‘Agostino, Appellant. [877 NYS2d 92]—In a family offense proceeding pursuant to Family Court Act article 8, Pat D‘Agostino appeals from an order of protection of the Family Court, Richmond County (McElrath, J.), dated November 19, 2007, which, after a fact-finding hearing, and upon a finding that he committed the family offense of harassment in the second degree, directed him to stay away from the petitioner and the parties’ child for a period of two years.

Ordered that the order of protection 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

;
;
). The Family Court‘s credibility determination is entitled to great weight on appeal (see
;
;
). Here, the fair preponderance of the credible evidence adduced at the fact-finding hearing supported the Family Court‘s determination that in July 2004, the appellant committed the family offense of harassment in the second degree (see Penal Law § 240.26 [1];
). There is no merit to the appellant‘s contention that he was prejudiced by the Family Court‘s failure to hold a dispositional hearing before issuing a two-year order of protection. The appellant contends that he was prevented from admitting a therapist‘s report and a probation report for review by the court at disposition. On the facts of this case, the Family Court‘s failure to hold a dispositional hearing does not require reversal (see
;
;
;
). In any event, upon the exercise of our factual review power, we find that the Family Court‘s disposition awarding the petitioner and the parties’ child a two-year order of protection was not against the weight of the evidence (see
;
).

The appellant‘s remaining contentions are without merit.

Mastro, J.P., Skelos, Dillon and Eng, JJ., concur.