Hijri v. Fargaly

49 A.D.3d 737, 854 N.Y.2d 190

Opinion

“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, sounding 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 Garni, JJ., concur.