Opinion
2019–13557 2019–13558 Docket Nos. O–11229–18/18A, O–11236–18/18A
10-28-2020
In the Matter of Edward OLIVO, Appellant, v. Fausto OLIVO, Respondent. (Proceeding No. 1) In the Matter of Edward Olivo, Appellant, v. Kathy Olivo, Respondent. (Proceeding No. 2)
Jeffrey C. Bluth, New York, NY, for appellant. Lauri Gennusa, Laurelton, NY, for respondent in Proceeding No. 2.
Jeffrey C. Bluth, New York, NY, for appellant.
Lauri Gennusa, Laurelton, NY, for respondent in Proceeding No. 2.
CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
In related proceedings pursuant to Family Court Act article 8, the petitioner appeals from (1) an order of the Family Court, Queens County (Mildred T. Negron, J.), dated November 12, 2019, and (2) an amended order of the same court dated November 13, 2019. The order, after a hearing, in effect, denied the family offense petition against the respondent Kathy Olivo and dismissed the proceeding against that respondent. The amended order, after a hearing, in effect, denied the family offense petition against the respondent Fausto Olivo and dismissed the proceeding against that respondent.
ORDERED that the order and the amended order are affirmed, without costs or disbursements.
The petitioner commenced these related proceedings pursuant to Family Court Act article 8 alleging that the respondents, his brother and sister-in-law, had committed various family offenses against him. After a hearing, the Family Court, in effect, denied the petitions and dismissed the proceedings. The petitioner appeals.
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 ( Family Ct Act § 832 ; see Matter of Harris v. Harris–Olayinka, 181 A.D.3d 605, 605, 117 N.Y.S.3d 619 ; Matter of Estime v. Civil, 168 A.D.3d 936, 937, 90 N.Y.S.3d 557 ). "Whether a family offense was committed is a factual issue to be resolved by the Family Court, and that court's determination of credibility issues is entitled to great weight on appeal and should not be disturbed unless clearly unsupported by the record" ( Matter of Lopez de Salmon v. Salmon, 150 A.D.3d 1121, 1122, 52 N.Y.S.3d 638 ; see Matter of Buskey v. Buskey, 133 A.D.3d 655, 656, 20 N.Y.S.3d 108 ).
Here, the Family Court's determination that the petitioner was not credible, that the respondents were credible, and that the allegations were not proven by a fair preponderance of the evidence is supported by the record (see Matter of Estime v. Civil, 168 A.D.3d at 937, 90 N.Y.S.3d 557 ; Matter of McGregor v. Ferguson, 167 A.D.3d 897, 897, 88 N.Y.S.3d 342 ).
Accordingly, we agree with the Family Court's determination, in effect, denying the family offense petitions and dismissing the proceedings.
CHAMBERS, J.P., ROMAN, HINDS–RADIX and DUFFY, JJ., concur.