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NELSON-WALLER v. WALLER
Appellate Division of the Supreme Court of New York, Second Department.
Mar 31, 2009
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Ordered that the order of protection is affirmed, without costs or disbursements.
"A family offense must be established by a `fair preponderance of the evidence' (Family Ct Act ยง 832). The Family Court's determination regarding the credibility of witnesses must be given great weight on appeal unless clearly unsupported by the record" ( Matter of Hunt v Hunt, 51 AD3d 924, 925). The record supports the Family Court's finding that, based on a preponderance of the evidence, the husband committed acts constituting the family offense of disorderly conduct, warranting the issuance of the order of protection.
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