A New York appellate court has upheld an order of protection against Donald S. McKenzie II, affirming findings of family offenses in a dispute involving Carla Nassy and their child. The court's decision, issued on June 24, 2026, is significant as it addresses issues of safety and parental rights in family law.

The ruling stems from a family offense proceeding initiated by Nassy against McKenzie in 2024. The Family Court found that McKenzie committed menacing in the third degree and harassment in the second degree. As a result, the court ordered him to stay away from Nassy and their child until May 20, 2026. This ruling has implications for both parents and their child, as it emphasizes the court's commitment to ensuring safety in family situations.

Background

Carla Nassy and Donald S. McKenzie II were never married but share one child. Their relationship became contentious, leading Nassy to seek legal protection through the Family Court. In 2024, she filed a petition alleging that McKenzie had engaged in threatening and harassing behavior.

The Family Court conducted a fact-finding hearing to assess the allegations. During this hearing, both parties presented conflicting accounts of an incident that occurred on October 3, 2024. After considering the evidence, the Family Court found sufficient grounds to issue an order of protection against McKenzie.

The Ruling

The Appellate Division of the Supreme Court of New York reviewed the Family Court's decision and affirmed the order of protection. The court noted that the Family Court had found a fair preponderance of evidence supporting the claims that McKenzie committed family offenses. The ruling stated, "The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and that court's determination regarding the credibility of witnesses is entitled to great weight on appeal."

In its decision, the appellate court emphasized that the Family Court's findings were based on credible testimony from Nassy, which it found more compelling than McKenzie’s account. The ruling also addressed procedural concerns raised by McKenzie regarding testimony about incidents not included in the original petition. The court determined that any such error was harmless, as the Family Court based its decision on the specific allegations made in the petition.

Impact

The ruling has significant implications for family law in New York. It reinforces the court's authority to issue orders of protection in cases where family offenses are substantiated. This case highlights the importance of the court's role in protecting individuals from domestic violence and ensuring the safety of children in contentious custody disputes.

Furthermore, the ruling serves as a reminder that the credibility of witnesses plays a crucial role in family court proceedings. The appellate court's deference to the Family Court's findings underscores the importance of thorough fact-finding hearings in family law cases.

What's Next

While the order of protection expired on May 20, 2026, the appellate court's ruling remains significant due to the potential long-term consequences of a family offense finding. McKenzie may still face challenges in future custody or visitation matters as a result of this ruling. There is no indication in the court filing that either party plans to appeal further.