Opinion
2017–12561 Docket No. O–19680–15
12-19-2018
In the Matter of Noelle MCGREGOR, Appellant, v. Brent FERGUSON, Respondent.
Elliot Green, Brooklyn, NY, for appellant.
Elliot Green, Brooklyn, NY, for appellant.
JOHN M. LEVENTHAL, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Kings County (Sharon A. Bourne–Clark, J.), dated October 26, 2017. The order, after a fact-finding hearing, in effect, denied the family offense petition and dismissed the proceeding with prejudice.ORDERED that the order is affirmed, without costs or disbursements.
The petitioner commenced this family offense proceeding in August 2015, alleging that, in May 2015, the respondent committed the family offenses of, inter alia, harassment in the second degree and disorderly conduct when he made certain comments that the petitioner alleged were threatening to her. Following a hearing, the Family Court, in effect, determined that the petitioner failed to establish by a preponderance of the evidence that the respondent committed a family offense against the petitioner, in effect, denied the petition, and dismissed the proceeding with prejudice.
The allegations in a family offense proceeding must be "supported by a fair preponderance of the evidence" ( Family Ct Act § 832 ; see Matter of Shank v. Shank, 155 A.D.3d 875, 876, 63 N.Y.S.3d 719 ; Matter of Lopez de Salmon v. Salmon, 150 A.D.3d 1121, 1122, 52 N.Y.S.3d 638 ; Matter of Cassie v. Cassie, 109 A.D.3d 337, 340, 969 N.Y.S.2d 537 ). "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 and will not be disturbed if supported by the record" ( Matter of Richardson v. Richardson, 80 A.D.3d 32, 43–44, 910 N.Y.S.2d 149 ; see Matter of Shank v. Shank, 155 A.D.3d at 876, 63 N.Y.S.3d 719 ; Matter of Lopez de Salmon v. Salmon, 150 A.D.3d at 1122, 52 N.Y.S.3d 638 ; Matter of Shiffman v. Handler, 115 A.D.3d 753, 753, 981 N.Y.S.2d 790 ).
Here, the Family Court's determination was based upon its credibility assessments and is supported by the record (see Matter of Lopez de Salmon v. Salmon, 150 A.D.3d at 1122, 52 N.Y.S.3d 638 ; Matter of Marte v. Biondo, 104 A.D.3d 947, 947–948, 960 N.Y.S.2d 914 ). Accordingly, there is no basis to disturb the court's determination, in effect, that the petitioner failed to prove by a preponderance of the evidence that the respondent committed the alleged family offenses.
LEVENTHAL, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.