Opinion
2013-05-8
In the Matter of Jessica Valeska TAITT, also known as Jessica Taitt Squires, appellant, v. Keith James SQUIRES, respondent.
Zvi Ostrin, New York, N.Y., for appellant.
In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Kings County (Perry, J.), dated March 20, 2012, which, after a hearing, dismissed her 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 Family Court, and that court's determination regarding the credibility of witnesses is entitled to great weight on appeal unless clearly unsupported by the record ( see Matter of Clarke–Golding v. Golding, 101 A.D.3d 1117, 1118, 956 N.Y.S.2d 553).
Contrary to the petitioner's contention, she failed to establish by a fair preponderance of the evidence ( see Family Ct. Act § 832) that the respondent committed any of the family offenses alleged in the petition ( see Matter of Tauriello v. Thompson, 84 A.D.3d 824, 921 N.Y.S.2d 868;Matter of Jackson v. Idlett, 103 A.D.3d 723, 959 N.Y.S.2d 706;Matter of Cooper v. Robertson, 97 A.D.3d 743, 948 N.Y.S.2d 417).*428Accordingly, the petition was properly dismissed.