From Casetext: Smarter Legal Research

Matter of Greenberg v. Greenberg

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 463 (N.Y. App. Div. 1996)

Opinion

April 8, 1996

Appeal from the Family Court, Rockland County (Warren, J.).


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

It is well-settled that issues of credibility are properly determined by the hearing court, whose decision will not be disturbed on appeal if it is supported by a fair interpretation of the evidence ( see, Shoulson v. Shoulson, 213 A.D.2d 466; City of New York v. Bergman, 210 A.D.2d 369; DiSalvo v. Ordway, 208 A.D.2d 798; Vega v. City of New York, 194 A.D.2d 537; Devlin v Putorti, 183 A.D.2d 804; Yoba v. Yoba, 183 A.D.2d 418). The evidence adduced at the hearing in this case supports the Family Court's determination that the petitioner failed to establish by a preponderance of the evidence that the respondent committed the acts enumerated in Family Court Act § 821. Thus, the issuance of an order of protection was not warranted ( see, Family Ct Act § 812; Matter of Holcomb v. Holcomb, 176 A.D.2d 409; Matter of Rogers v. Rogers, 161 A.D.2d 766; Merola v. Merola, 146 A.D.2d 611).

We have considered the petitioner's remaining contentions and find that they are without merit or do not warrant reversal. Thompson, J.P., Sullivan, Pizzuto and McGinity, JJ., concur.


Summaries of

Matter of Greenberg v. Greenberg

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 463 (N.Y. App. Div. 1996)
Case details for

Matter of Greenberg v. Greenberg

Case Details

Full title:In the Matter of DORI GREENBERG, Appellant, v. JACOB GREENBERG, Respondent

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

Date published: Apr 8, 1996

Citations

226 A.D.2d 463 (N.Y. App. Div. 1996)
640 N.Y.S.2d 805

Citing Cases

McKiernan v. McKiernan

ORDERED that the order is affirmed, without costs or disbursements. Where, as here, issues of credibility are…

Matter of Smith v. Antonio

The question of whether the appellant committed the acts alleged in the petition was a disputed factual issue…