Opinion
664 Dkt No. O-02956/22 Case No. 2022–05391
10-03-2023
In the Matter of KATHERINE J., Petitioner–Appellant, v. EVERLENE S., Respondent–Respondent.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. Geoffrey P. Berman, Larchmont, for respondent.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.
Geoffrey P. Berman, Larchmont, for respondent.
Kern, J.P., Moulton, Mendez, Higgitt, O'Neill Levy, JJ.
Order, Family Court, New York County (Hasa A. Kingo, J.), entered on or about November 30, 2022, which, after a fact-finding hearing, denied the family offense petition and dismissed the proceeding, unanimously affirmed, without costs.
Petitioner, who is respondent's elderly aunt, testified that on one occasion, during an argument about a missing check sent in the mail, respondent shoved her, causing her to fall into a chair. Respondent adamantly denied that she ever pushed petitioner and asserted that she was not expecting any check in the mail and that she considered the aunt to be a mother to her. Family Court, having had the opportunity to observe the witnesses' demeanor, credited respondent's testimony and found petitioner's testimony did not make out a family offense or warrant the court's intervention. The court's credibility determinations are entitled to great deference, and this Court finds no reason to disturb those determinations in this case (see Matter of Marilyn C. v. Olsen C., 132 A.D.3d 406, 406, 16 N.Y.S.3d 735 [1st Dept. 2015] ; Matter of Skarlith G. v. Guelvis J.C., 184 A.D.3d 470, 471, 124 N.Y.S.3d 185 [1st Dept. 2020] ).
We have considered petitioner's remaining arguments and find them unavailing.