Opinion
June 10, 1998
Appeal from Order of Supreme Court, Herkimer County, Gilbert, J. — Family Offense.
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly determined that petitioner failed to establish by a preponderance of the evidence that respondent committed a family offense as defined in Family Court Act § 812 Fam. Ct. Act ( see, Matter of Finocchiaro v. Finocchiaro, 192 A.D.2d 1089). The conflicting testimony presented a credibility issue for the court to resolve, and its determination has a sound and substantial basis in the record ( see, Machukas v. Wagner, 246 A.D.2d 840, lv denied 91 N.Y.2d 813).