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IN RE OF SIGAL GENZEN v. SAMUEL GENZEN

Appellate Division of the Supreme Court of New York, Second Department.
Jun 22, 2010
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Ordered that the order of protection and the order are 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, and its determinations regarding the credibility of witnesses are entitled to great weight on appeal ( see Matter of Nusbaum v Nusbaum, 59 AD3d 725; Matter of Fleming v Fleming, 52 AD3d 600; Matter of Charles v Charles, 21 AD3d 487). The evidence supports the Family Court's determination that the appellant committed two family offenses of harassment in the second degree, warranting the issuance of the order of protection ( see Family Ct Act § 842; Penal Law § 240.26; Matter of Larson v Gilliam, 49 AD3d 650; Matter of Rankoth v Sloan, 44 AD3d 863; Matter of Dell'Isola v Dell'Isola, 19 AD3d 488). Additionally, the Family Court properly directed the appellant to enroll in and attend a 26-week domestic violence program at the Volunteer Counseling Service of Rockland County ( see Family Ct Act § 842 [g]).