Opinion
2013-04-10
In the Matter of Marilyn HOWELL, appellant, v. Gordon E. HOWELL, respondent.
Omotayo Orederu, Glenville, N.Y., for appellant.
In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Kings County (Cannataro, J.), dated April 4, 2012, which, after a hearing, dismissed the petition and vacated a temporary order of protection against the respondent.
ORDERED that the order is affirmed, without costs or disbursements.
“The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court” (Matter of Creighton v. Whitmore, 71 A.D.3d 1141, 1141, 898 N.Y.S.2d 585;seeFamily Ct. Act §§ 812, 832; Matter of Clarke–Golding v. Golding, 101 A.D.3d 1117, 956 N.Y.S.2d 553;Matter of Halper v. Halper, 61 A.D.3d 687, 875 N.Y.S.2d 916), “and that court's determination regarding the credibility of witnesses is entitled to great weight on appeal unless clearly unsupported by the record” (Matter of Creighton v. Whitmore, 71 A.D.3d at 1141, 898 N.Y.S.2d 585;see Matter of Kaur v. Singh, 73 A.D.3d 1178, 1178, 900 N.Y.S.2d 895).
Here, the record supports the Family Court's determination that the petitioner failed to prove, by a fair preponderance of the credible evidence, that the respondent committed an act constituting a family offense ( seeFamily Ct. Act § 832; Matter of Robinson v. Bennett, 49 A.D.3d 652, 852 N.Y.S.2d 805;Matter of Waaldijk–Howell v. Howell, 22 A.D.3d 675, 801 N.Y.S.2d 914). The petitioner's remaining contention is without merit. Accordingly, the Family Court properly dismissed the petition and vacated the temporary orderof protection against the respondent.