Opinion
2013-04-17
In the Matter of Susan CALLAHAN, appellant, v. Marc PICCIANO, respondent.
Steven P. Forbes, Jamaica, N.Y., for appellant. Marc Picciano, Lynbrook, N.Y., respondent pro se.
Steven P. Forbes, Jamaica, N.Y., for appellant. Marc Picciano, Lynbrook, N.Y., respondent pro se.
MARK C. DILLON, J.P., RUTH C. BALKIN, LEONARD B. AUSTIN, and SANDRA L. SGROI, JJ.
In a family offense proceedingpursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Queens County (Bogacz, J.), dated March 21, 2012, which, after a hearing, dismissed the petition.
ORDERED that the order is affirmed, without costs or disbursements.
“The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court” ( Matter of Creighton v. Whitmore, 71 A.D.3d 1141, 1141, 898 N.Y.S.2d 585;seeFamily Ct. Act §§ 812, 832; Matter of Clarke–Golding v. Golding, 101 A.D.3d 1117, 956 N.Y.S.2d 553;Matter of Armstrong v. Ewing, 82 A.D.3d 1092, 919 N.Y.S.2d 343). The hearing court's determination concerning the credibility of witnesses is entitled to great weight on appeal unless that determination is clearly unsupported by the record ( see Matter of Clarke–Golding v. Golding, 101 A.D.3d 1117, 956 N.Y.S.2d 553;Matter of Kaur v. Singh, 73 A.D.3d 1178, 900 N.Y.S.2d 895;Matter of Creighton v. Whitmore, 71 A.D.3d 1141, 898 N.Y.S.2d 585).
Here, the record supports the Family Court's determination that the petitioner failed to prove, by a preponderance of the credible evidence, that the respondent committed the family offenses of attempted assault in the third degree and harassment in the second degree ( seeFamily Ct. Act §§ 812[1]; 832; Penal Law §§ 120.00; 240.26; Matter of Ford v. Pitts, 30 A.D.3d 419, 817 N.Y.S.2d 332;Matter of Strully v. Schwartz, 255 A.D.2d 593, 680 N.Y.S.2d 871). Accordingly, the petition was properly dismissed.