Opinion
2019–09605 Docket No. O–4701–18
07-01-2020
In the Matter of Salma RANI, Appellant, v. Bushra ARFAD, Respondent.
Allan D. Shafter, Port Washington, NY, for appellant.
Allan D. Shafter, Port Washington, NY, for appellant.
WILLIAM F. MASTRO, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Queens County (Lauren Norton–Lerner, Ct. Atty. Ref.), dated April 2, 2019. The order, after a hearing, inter alia, in effect, denied the family offense petition and dismissed the proceeding, with prejudice.
ORDERED that the order is affirmed, without costs or disbursements.
In March 2018, the petitioner commenced this family offense proceeding pursuant to Family Court Act article 8 against the respondent. Following a fact-finding hearing, the Family Court, inter alia, in effect, denied the family offense petition and dismissed the proceeding, with prejudice, on the ground that the petitioner failed to establish by a preponderance of the evidence that the respondent had committed a family offense. The petitioner appeals.
The allegations in a family offense proceeding must be supported by a fair preponderance of the evidence (see Family Ct Act § 832 ; Matter of Bah v. Bah, 112 A.D.3d 921, 921–922, 978 N.Y.S.2d 301 ). "The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and its determinations regarding the credibility of witnesses are entitled to great weight on appeal, such that they will not be disturbed unless clearly unsupported by the record" ( Matter of Porter v. Moore, 149 A.D.3d 1082, 1083, 53 N.Y.S.3d 174 ). Here, the Family Court credited the respondent's witnesses and found that the petitioner was not credible. According due deference to this assessment of credibility, we agree with the court that the petitioner failed to establish, by a fair preponderance of the evidence, that the respondent committed a family offense.
Accordingly, we agree with the Family Court's determination, in effect, denying the petition.
MASTRO, J.P., COHEN, DUFFY and BRATHWAITE NELSON, JJ., concur.