Summary
This Appellate Division decision affirms a Family Court order of protection issued against Vadim Nuryev for committing the family offense of stalking in the fourth degree. The appellate court applied the fair preponderance of the evidence standard and deferred to the Family Court's factual findings and witness credibility determinations, which were supported by the record. Consequently, the order directing Nuryev to stay away from the petitioner until October 2025 was upheld without costs.
Topics
Practice areas
Questions Presented
- Whether the Family Court's finding that the appellant committed the family offense of stalking in the fourth degree is supported by the record and should be affirmed on appeal
Holdings
- The order of protection is affirmed because the Family Court's factual findings are entitled to great weight and, being supported by the record, are not disturbed on appeal.
Key quotations
“In a family offense proceeding, the petitioner has the burden of establishing the offense by a fair preponderance of the evidence”
“The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court”
“The Family Court's determination as to the credibility of witnesses is entitled to great weight and, if supported by the record, will not be disturbed on appeal”
Factual background
In September 2020, Irina Shpigel filed a family offense proceeding under Family Court Act article 8 against her husband Vadim Nuryev, alleging stalking in the fourth degree. The Family Court held, based on a preponderance of the evidence, that Nuryev committed the offense and issued an order of protection staying him away from Shpigel until October 15, 2025.
Procedural history
The Family Court, after a hearing in September 2020, found that Vadim Nuryev committed the family offense of stalking in the fourth degree and issued an order of protection directing him to stay away from Irina Shpigel until October 15, 2025. Nuryev appealed the order.