Opinion
04-26-2017
In the Matter of Lizzie BUTLER–MOORE, appellant, v. Nelson C. BUTLER, respondent.
Michael A. Fiechter, Bellmore, NY, for appellant. Gerard P. Nolan, Brooklyn, NY, for respondent.
Michael A. Fiechter, Bellmore, NY, for appellant.
Gerard P. Nolan, Brooklyn, NY, for respondent.
Appeal by the petitioner from an order of the Family Court, Kings County (Maria Arias, J.), dated April 15, 2016. The order, after a hearing, in effect, denied the petition and dismissed the proceeding.
ORDERED that the order is affirmed, without costs or disbursements.
The petitioner commenced this proceeding pursuant to Family Court Act article 8 alleging that the respondent, her son, committed various family offenses against her. After a hearing, the Family Court, in effect, denied the petition and dismissed the proceeding.
At a fact-finding hearing to determine whether a family offense has been committed, the petitioner has the burden of establishing, by a preponderance of the evidence, that the charged conduct was committed as alleged in the petition (see Family Ct. Act § 832 ; Matter of Batista v. Iqbal, 128 A.D.3d 1063, 8 N.Y.S.3d 605 ; 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 ). 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 Johnson v. Johnson, 146 A.D.3d 954, 45 N.Y.S.3d 551 ; Matter of Davis v. Wright, 140 A.D.3d 753, 754, 30 N.Y.S.3d 923 ; Matter of Batista v. Iqbal, 128 A.D.3d at 1063–1064, 8 N.Y.S.3d 605 ; Matter of Bah v. Bah, 112 A.D.3d 921, 922, 978 N.Y.S.2d 301 ). Accordingly, the Family Court properly, in effect, denied the petition and dismissed the proceeding.
LEVENTHAL, J.P., HINDS–RADIX, LaSALLE and BRATHWAITE NELSON, JJ., concur.