MATTER OF PESCE v. PESCE

Ordered that the order is reversed, on the law and the facts, with costs, the petition is reinstated, and the matter is remitted to the Family Court, Westchester County, for a dispositional hearing and entry of an appropriate order of disposition; and it is further,

Ordered that the order of this Court dated July 18, 1994, which continued the terms of the temporary order of protection dated March 24, 1994, pending hearing and determination of the appeal, shall remain in effect pending entry of an order of disposition.

Contrary to the Family Court's determination, the petitioner established by a preponderance of the evidence that the respondent committed acts constituting, inter alia, harassment and disorderly conduct, warranting the issuance of an order of protection against him (see, Family Ct Act § 812; § 832; Penal Law § 240.26; § 240.20 [7]; Matter of Holcomb v Holcomb, 176 A.D.2d 409; Matter of Rogers v Rogers, 161 A.D.2d 766; Merola v Merola, 146 A.D.2d 611). Accordingly, the matter is remitted to the Family Court for a dispositional hearing (see, Family Ct Act § 833). Rosenblatt, J.P., Hart, Krausman and Goldstein, JJ., concur.