Opinion
02-25-2015
In the Matter of Sonia M. COLE, appellant, v. Junior H. MUIRHEAD, respondent.
Elliot Green, Brooklyn, N.Y., for appellant. Robin Stone Einbinder, Jamaica, N.Y., for respondent.
Elliot Green, Brooklyn, N.Y., for appellant.
Robin Stone Einbinder, Jamaica, N.Y., for respondent.
REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, and BETSY BARROS, JJ.
Opinion
Appeal from an order of the Family Court, Queens County (Ronald E. Richter, J.), dated April 8, 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.
“In a family offense proceeding, 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” (Matter of Cassie v. Cassie, 109 A.D.3d 337, 340, 969 N.Y.S.2d 537, quoting Family Ct. Act § 832 ; see Matter of Blackett v. Blackett, 123 A.D.3d 923, 999 N.Y.S.2d 148 ; Matter of Streat v. Streat, 117 A.D.3d 837, 837, 985 N.Y.S.2d 720 ). “ ‘The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court’ ” (Matter of Kaur v. Singh, 73 A.D.3d 1178, 1178, 900 N.Y.S.2d 895, quoting Matter of Creighton v. Whitmore, 71 A.D.3d 1141, 1141, 898 N.Y.S.2d 585 ; see Family Ct. Act §§ 812, 832 ; Matter of Blackett v. Blackett, 123 A.D.3d at 923, 999 N.Y.S.2d 148 ), “whose ‘determination regarding the credibility of witnesses is entitled to great weight on appeal unless clearly unsupported by the record’ ” (Matter of Kaur v. Singh, 73 A.D.3d at 1178, 900 N.Y.S.2d 895, quoting Matter of Creighton v. Whitmore, 71 A.D.3d at 1141, 898 N.Y.S.2d 585 ; see Matter of Blackett v. Blackett, 123 A.D.3d at 923, 999 N.Y.S.2d 148 ; Matter of Tulshi v. Tulshi, 118 A.D.3d 716, 986 N.Y.S.2d 350 ).
Here, the Family Court was presented with sharply conflicting testimony as to whether the respondent committed the subject family offenses. The Family Court's determination that the petitioner failed to establish that a family offense was committed against her was based on its credibility assessments, and is supported by the record (see Matter of Blackett v. Blackett, 123 A.D.3d at 923, 999 N.Y.S.2d 148 ; Matter of Streat v. Streat, 117 A.D.3d at 838, 985 N.Y.S.2d 720 ).
Accordingly, the Family Court properly denied the petition and dismissed the proceeding.