Matter of Marrero v Johnson

Matter of Matter of Marrero v Johnson 2011 NY Slip Op 08473 Decided on November 22, 2011 Appellate Division, First 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 November 22, 2011
Tom, J.P., Saxe, Sweeny, Richter, Manzanet-Daniels, JJ.
6121

[*1]In re Jennifer Marrero, Petitioner-Respondent,

v

Derek Johnson, Respondent-Appellant.




Julian A. Hertz, Larchmont, for appellant.
Safe Horizon Domestic Violence Law Project, Brooklyn
(Azaleea Carlea of counsel), for respondent.
Karen P. Simmons, The Children's Law Center, Brooklyn
(Barbara H. Dildine of counsel), attorney for the child.

Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about May 24, 2010, which, inter alia, granted respondent father supervised visitation with the parties' child, and issued a five-year order of protection against him, unanimously affirmed, without costs.

Family Court found that respondent committed assault in the second and third degrees, harassment in the first and second degrees, menacing in the second degree, and disorderly conduct, offenses enumerated in Family Court Act § 812. Thus, the court had jurisdiction over this family offense proceeding and properly issued the order of protection.

Repeated acts of domestic violence by respondent toward petitioner and the child were proved by a preponderance of the evidence and provide the requisite sound and substantial basis for the court's conclusion that supervised visitation with respondent would be in the best interests of the child (see Domestic Relations Law § 240[1][a]; see Matter of Rodriguez v Guerra, 28 AD3d 775 [2006]). We perceive no basis for disturbing the court's credibility determinations.

We have reviewed respondent's remaining contentions and find them without merit.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 22, 2011

CLERK