Kiani v. Kiani
| Decision Date | 23 December 2015 |
| Parties | In the Matter of Faiza Q. KIANI, respondent, v. Muhammad N. KIANI, appellant. |
| Court | New York Supreme Court — Appellate Division |
134 A.D.3d 1036
22 N.Y.S.3d 520
In the Matter of Faiza Q. KIANI, respondent,
v.
Muhammad N. KIANI, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 23, 2015.
Law Offices of Vanessa Sanders, P.C., Saratoga Springs, NY, for appellant.
Law Office of Brynde Berkowitz, P.C., Woodmere, NY, for respondent.
Ralph R. Carrieri, Mineola, NY, attorney for the children.
RUTH C. BALKIN, J.P., THOMAS A. DICKERSON, COLLEEN D. DUFFY and HECTOR D. LaSALLE, JJ.
ORDERED that the order of protection is affirmed, with costs.
In September 2014, the wife of Muhammad N. Kiani filed a family offense petition in Family Court seeking an order of protection against Kiani, alleging that he had committed family offenses against her, as well as against her 13–year–old daughter and the parties' sons, ages 3 and 6. At the time the petition was filed, the parties were married and resided together with the three children. Following a fact-finding hearing on the petition, the court determined that Kiani's conduct constituted the family offenses of harassment in the second degree, aggravated harassment in the second degree, disorderly conduct, and menacing in the third degree. Immediately following the fact-finding hearing, the Family Court conducted a dispositional hearing and, thereafter, issued an order of protection, directing, inter alia, Kiani to stay away from his wife, her daughter, and the parties' sons, up to and including September 22, 2016, except for parenting time with the two sons pursuant to future court order.
In a family offense proceeding, the allegations must be "supported by a fair preponderance of the evidence" (Family Ct.Act § 832 ; see Matter of Tulshi v. Tulshi, 118 A.D.3d 716, 716, 986 N.Y.S.2d 350 ; Matter of Zina L. v. Eldred L., 113 A.D.3d 852, 853, 979 N.Y.S.2d 542 ; Matter of Miloslau v. Miloslau, 112 A.D.3d 632, 632, 975 N.Y.S.2d 894 ). "The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and the Family Court's determination regarding the credibility of witnesses is entitled to great weight...
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