Opinion
05-27-2015
In the Matter of Nancy BATISTA, appellant, v. Saleem IQBAL, respondent.
Stewart N. Altman, Mineola, N.Y., for appellant. Steven P. Forbes, Jamaica, N.Y., for respondent.
Stewart N. Altman, Mineola, N.Y., for appellant.
Steven P. Forbes, Jamaica, N.Y., for respondent.
Opinion Appeal from an order of the Family Court, Queens County (Anne–Marie Jolly, J.), dated September 29, 2014. The order, after a hearing, denied the family offense petition for failure to prove a family offense by a preponderance of the evidence, and dismissed the proceeding.
ORDERED that the order is affirmed, without costs or disbursements.
At a fact-finding hearing pursuant to Family Court Act article 8 to determine whether a family offense has been committed, the petitioner has the burden of establishing, by a fair preponderance of the evidence, that the charged conduct was committed as alleged in the petition (see Family Ct. Act § 832 ; Matter of Cole v. Muirhead, 125 A.D.3d 964, 5 N.Y.S.3d 178 ; Matter of Cassie v. Cassie, 109 A.D.3d 337, 340, 969 N.Y.S.2d 537 ; Matter of Testa v. Strickland, 99 A.D.3d 917, 917, 951 N.Y.S.2d 910 ).
Here, the petitioner failed to establish, by a fair preponderance of the evidence, that the respondent committed any of the family offenses alleged in the petition (see Matter of Bah v. Bah, 112 A.D.3d 921, 978 N.Y.S.2d 301 ; Matter of Cassie v. Cassie, 109 A.D.3d 337, 969 N.Y.S.2d 537 ; Matter of Ungar v. Ungar, 80 A.D.3d 771, 915 N.Y.S.2d 614 ; see also Matter of LaPlante v. LaPlante, 70 A.D.3d 1039, 894 N.Y.S.2d 775 ). Accordingly, the Family Court properly denied the petition and dismissed the proceeding.
MASTRO, J.P., BALKIN, SGROI and DUFFY, JJ., concur.