Opinion
5758
02-20-2018
In re HANY A., Petitioner–Appellant, v. ERIC A., Respondent–Respondent.
Larry Bachner, New York, for appellant. Eric A., respondent pro se.
Larry Bachner, New York, for appellant.
Eric A., respondent pro se.
Renwick, J.P., Richter, Manzanet–Daniels, Andrias, Gesmer, JJ.
Order, Family Court, New York County (Carol Goldstein, J.), entered on or about May 2, 2017, which dismissed the petition for an order of protection against respondent, unanimously affirmed, without costs.
Petitioner failed to establish a family offense by a fair preponderance of the evidence (see Family Ct Act § 832 ). The Family Court's determinations regarding the credibility of the witnesses are entitled to great deference on appeal (see Matter ofEverett C. v. Oneida P., 61 A.D.3d 489, 878 N.Y.S.2d 301 [1st Dept. 2009] ). Other than petitioner's testimony, which the court deemed incredible, there was no other factual basis upon which to issue the order of protection.
Nor has petitioner demonstrated that she received ineffective assistance of counsel (see Matter ofZaya Faith Tamarez Z. [Madelyn Enid T.], 145 A.D.3d 459, 460, 43 N.Y.S.3d 34 [1st Dept. 2016] ; see also People v. Benevento, 91 N.Y.2d 708, 713, 674 N.Y.S.2d 629, 697 N.E.2d 584 [1998] ).
We have considered petitioner's remaining arguments and find them unavailing.