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In the Matter of St. Denis v. St. Denis

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 2003
1 A.D.3d 370 (N.Y. App. Div. 2003)

Opinion

2003-02564

Submitted October 10, 2003.

November 3, 2003.

In a family offense proceeding pursuant to Family Court Act article 8, the appeal is from an order of the Family Court, Queens County (Clark, J.), dated March 11, 2003, which, after a hearing, dismissed the petition.

Larry S. Bachner, Jamaica, N.Y., for appellant.

Gorlick, Kravitz Listhaus, P.C., New York, N.Y. (Ann M. Schneider of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, BARRY A. COZIER, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Where, as here, the Family Court is confronted with an issue of credibility, its factual findings must be accorded great weight on appeal unless they are clearly unsupported by the record ( see Matter of Topper v. Topper, 271 A.D.2d 613; see also Matter of Bryan S., 286 A.D.2d 685; Matter of Toneatti v. Schiavone, 266 A.D.2d 303; Matter of Cutrone v. Cutrone, 225 A.D.2d 767, 768). We find no basis to disturb the Family Court's determination.

KRAUSMAN, J.P., McGINITY, COZIER and RIVERA, JJ., concur.


Summaries of

In the Matter of St. Denis v. St. Denis

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 2003
1 A.D.3d 370 (N.Y. App. Div. 2003)
Case details for

In the Matter of St. Denis v. St. Denis

Case Details

Full title:IN THE MATTER OF DAWN ST. DENIS, appellant, v. ROBERT ST. DENIS, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 3, 2003

Citations

1 A.D.3d 370 (N.Y. App. Div. 2003)
766 N.Y.S.2d 874

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