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IN THE MATTER OF GINGER TOPPER, respondent, v. ROBERT TOPPER, appellant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Family Court's determination regarding the credibility of witnesses is entitled to great weight (see, Matter of Hallissey v. Hallissey, 261 A.D.2d 544 ; Matter of Dendy v. Bonelli, 260 A.D.2d 633 ). The record supports the Family Court's determination that, based on a preponderance of the credible evidence, the husband committed a family offense on March 18, 1999. The evidence, including the husband's admission of physical contact with the wife, established the elements of harassment in the second degree (see, Penal Law § 240.26; Family Ct Act § 812). The husband's contention that the Family Court's fact-finding decision failed to adequately specify the particular family offense under Family Court Act § 812(1) that he had committed is without merit. It was clear at the hearing that he was charged with conduct constituting harassment in the second degree.

The husband's remaining contentions are without merit.

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MATTER OF TOPPER v. TOPPER
(Apr 20, 2000)