Matter of Catalan v Catalan

Matter of Catalan v Catalan 2009 NY Slip Op 02593 [60 AD3d 1051] March 31, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 6, 2009

In the Matter of Fresia Catalan, Respondent,
v
Carlos Garces Catalan, Appellant.

—[*1] Zvi Ostrin, New York, N.Y., for appellant.

Mark Brandys, New York, N.Y., for respondent.

In a family offense proceeding pursuant to Family Court Act article 8, Carlos Catalan appeals from an order of disposition of the Family Court, Kings County (Graham, J.), dated March 19, 2008, which, after a hearing and upon, in effect, a finding that he committed the family offense of harassment in the second degree, directed him to comply with the conditions set forth in an order of protection of the same court also dated March 19, 2008, inter alia, directing him to stay away from his mother for a period of two years.

Ordered that the order is affirmed, without costs or disbursements.

The fair preponderance of the evidence supports the Family Court's determination that the appellant committed acts constituting harassment in the second degree in violation of Penal Law § 240.26 (3), warranting the issuance of the order of protection, inter alia, directing him to stay away from his mother for a period of two years (see Matter of Tabernuro v Jones, 23 AD3d 667 [2005]). Spolzino, J.P., Florio, Covello and Eng, JJ., concur.