In re Tristyn R., 145 A.D.3d 1611 (N.Y. App. Div. 2016). · Go Syfert
In re Tristyn R., 145 A.D.3d 1611 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
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In the Matter of Tristyn R. and Another, Infants. Cattaraugus County Department of Social Services, Respondents Joshua R.
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 2016.
145 A.D.3d 1611
Curran, Der, Garni, Peradotto, Scud, Troutman.
Published

Appeal from an amended order of the Family Court, Cattaraugus County (Michael L. Nenno, J.), entered March 24, 2015 in a proceeding pursuant to Family Court Act article 10. The amended order, inter alia, determined that respondent Joshua R. violated a temporary order of protection.

It is hereby ordered that the amended order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent father appeals from an amended custody and dispositional order that, inter alia, determined that he violated a temporary order of protection issued in favor of his children. Family Court credited the testimony at the hearing that the father had contact with his children on numerous occasions. “ ‘According deference to that credibility determination, as we must, we conclude that petitioner established by clear and convincing evidence that [the father] willfully violated the relevant order of protection’ ” (Matter of Schoenl v Schoenl, 136 AD3d 1361, 1362 [2016]; see Matter of [*1612] Da’Shunna M.H. [Delbert W.H.], 133 AD3d 1381, 1382 [2015]).

Present—Peradotto, J.P., Garni, Curran, Troutman and Scud-der, JJ.