Opinion
2018–01872 Docket No. O–3347–17
09-19-2018
In the Matter of Noely DIAZ, appellant, v. Gus RODRIGUEZ, respondent.
Larry S. Bachner, New York, NY, for appellant. Ruiz Law Group, P.C., Jackson Heights, N.Y. (Frances Ruiz of counsel), for respondent.
Larry S. Bachner, New York, NY, for appellant.
Ruiz Law Group, P.C., Jackson Heights, N.Y. (Frances Ruiz of counsel), for respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 8, the petitioner appeals from an amended order of the Family Court, Queens County (Marilyn L. Zarrello, Ct. Atty. Ref.), dated January 17, 2018. The amended order, after a hearing, denied the family offense petition and dismissed the proceeding.
ORDERED that the amended order is affirmed, without costs or disbursements.
The petitioner filed a family offense petition alleging, inter alia, that her uncle, the respondent, had committed the family offenses of harassment in the second degree, menacing in the third degree, and disorderly conduct. After a hearing, the Family Court denied the petition and dismissed the proceeding. The petitioner appeals.
The allegations in a family offense proceeding 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, 986 N.Y.S.2d 350 ; Matter of Jarrett v. Jarrett, 102 A.D.3d 695, 956 N.Y.S.2d 898 ; Matter of Scanziani v. Hairston, 100 A.D.3d 1007, 955 N.Y.S.2d 162 ). The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and that court's findings regarding the credibility of witnesses are entitled to great weight on appeal unless clearly unsupported by the record (see Matter of Tulshi v. Tulshi, 118 A.D.3d at 716, 986 N.Y.S.2d 350 ; Matter of Pearlman v. Pearlman, 78 A.D.3d 711, 712, 911 N.Y.S.2d 87 ; Matter of Gray v. Gray, 55 A.D.3d 909, 867 N.Y.S.2d 110 ).
The Family Court's determination that the petitioner failed to establish, by a fair preponderance of the evidence, that the respondent committed the family offenses alleged in the petition hinged on issues of credibility and is supported by the record (see Matter of Giresi–Palazzolo v. Palazzolo, 127 A.D.3d 752, 7 N.Y.S.3d 222 ). Accordingly, we find no basis to disturb the court's determination.
RIVERA, J.P., CHAMBERS, BARROS and BRATHWAITE NELSON, JJ., concur.