SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
1233
CAF 15-00712
PRESENT: PERADOTTO, J.P., CARNI, CURRAN, TROUTMAN, AND SCUDDER, JJ.
IN THE MATTER OF TRISTYN R. AND ADDASYN R.
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CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL MEMORANDUM AND ORDER
SERVICES, JENNA W. AND TREVOR W.,
PETITIONERS-RESPONDENTS;
JOSHUA R., RESPONDENT-APPELLANT,
AND JACQUELINE Z., RESPONDENT.
CARR SAGLIMBEN LLP, OLEAN (JAY D. CARR OF COUNSEL), FOR
RESPONDENT-APPELLANT.
MICHAEL D. BURKE, ATTORNEY FOR THE CHILDREN, OLEAN.
Appeal from an amended order of the Family Court, Cattaraugus
County (Michael L. Nenno, J.), entered March 24, 2015 in a proceeding
pursuant to Family Court Act article 10. The amended order, inter
alia, determined that respondent Joshua R. violated a temporary order
of protection.
It is hereby ORDERED that the amended order so appealed from is
unanimously affirmed without costs.
Memorandum: Respondent father appeals from an amended custody
and dispositional order that, inter alia, determined that he violated
a temporary order of protection issued in favor of his children.
Family Court credited the testimony at the hearing that the father had
contact with his children on numerous occasions. “ ‘According
deference to that credibility determination, as we must, we conclude
that petitioner established by clear and convincing evidence that [the
father] willfully violated the relevant order of protection’ ” (Matter
of Schoenl v Schoenl, 136 AD3d 1361, 1362; see Matter of Da’Shunna
M.H. [Delbert W.H.], 133 AD3d 1381, 1382).
Entered: December 23, 2016 Frances E. Cafarell
Clerk of the Court