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MTR. OF JOSEPH v. CHERYL

Appellate Division of the Supreme Court of New York, Second Department.
Nov 28, 2006
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Ordered that the order 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 Matter of King v Flowers, 13 AD3d 629), and that determination is entitled to great weight on appeal ( see Matter of De La Cruz v Colon, 16 AD3d 496)" ( Matter of Lallmohamed v Lallmohamed, 23 AD3d 562). The Family Court properly credited the husband's testimony and determined by a fair preponderance of the evidence that the wife committed acts which constituted the family offense of aggravated harassment in the second degree ( see Family Ct Act § 812; § 832; Penal Law § 240.30).

Furthermore, the Family Court's requirement that the wife attend an alcohol treatment program was reasonable (Family Ct Act § 842; Matter of Mitchell v Muhammed, 275 AD2d 783; Matter of Leffingwell v Leffingwell, 86 AD2d 929, 930; Matter of Jane Y. v Joseph Y., 123 Misc 2d 771, 773).