Matter of Tristyn R. (Jenna W.--Trevor W.)

Matter of Tristyn R. (Jenna W.--Trevor W.) 2016 NY Slip Op 08757 Decided on December 23, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 23, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., CARNI, CURRAN, TROUTMAN, AND SCUDDER, JJ.
1233 CAF 15-00712

[*1]IN THE MATTER OF TRISTYN R. AND ADDASYN R. ————————————————————— CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES JENNA W. AND TREVOR W., PETITIONERS-RESPONDENTS; JOSHUA R., RESPONDENT-APPELLANT, AND JACQUELINE Z., RESPONDENT.

CARR SAGLIMBEN LLP, OLEAN (JAY D. CARR OF COUNSEL), FOR RESPONDENT-APPELLANT.

MICHAEL D. BURKE, ATTORNEY FOR THE CHILDREN, OLEAN.

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; see Matter of Da'Shunna M.H. [Delbert W.H.], 133 AD3d 1381, 1382).

Entered: December 23, 2016

Frances E. Cafarell

Clerk of the Court