Opinion
2014-04-23
In the Matter of Lucia MARTE, appellant, v. Mariano BIONDO, respondent.
Kenneth M. Tuccillo, Hastings–on–Hudson, 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, Queens County (Jolly, J.), dated June 27, 2013, which, after a fact-finding hearing, dismissed her petition.
ORDERED that the order is affirmed, without costs or disbursements.
A family offense must be established by a fair preponderance of the evidence ( see Family Ct. Act § 832; Matter of Pearlman v. Pearlman, 78 A.D.3d 711, 712, 911 N.Y.S.2d 87). “The determination of whether a family offense was committed is a factual issue to be resolved by the [trial] [c]ourt, and that court's determination regarding the credibility of witnesses is entitled to great weight on appeal and will not be disturbed if supported by the record” (Matter of Richardson v. Richardson, 80 A.D.3d 32, 43–44, 910 N.Y.S.2d 149;see Matter of King v. Edwards, 92 A.D.3d 783, 784, 938 N.Y.S.2d 442). Here, contrary to the appellant's contention, the Family Court properly determined that the evidence adduced at the fact-finding hearing was insufficient to establish that the respondent committed the family offense of harassment in the second degree ( see Penal Law § 240.26; Matter of Mamantov v. Mamantov, 86 A.D.3d 540, 927 N.Y.S.2d 140;Matter of Cavanaugh v. Madden, 298 A.D.2d 390, 751 N.Y.S.2d 225).
The appellant's remaining contention is without merit.
Accordingly, the Family Court properly dismissed the petition. DICKERSON, J.P., HALL, ROMAN and COHEN, JJ., concur.