Opinion
10-10-2024
In the Matter of SHEILA M., Petitioner-Appellant, v. JODECI S., Respondent-Respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Steven N. Feinman, White Plains, for respondent. Janet Neustaetter, The Children’s Law Center, Brooklyn (Eva D. Stein of counsel), attorney for the children.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Steven N. Feinman, White Plains, for respondent.
Janet Neustaetter, The Children’s Law Center, Brooklyn (Eva D. Stein of counsel), attorney for the children.
Kern, J.P., Oing, Kennedy, Higgitt, Michael, JJ.
Order Family Court, Bronx County (Gigi N. Parris, J.), entered on or about December 6, 2023, which, after a hearing, found that petitioner mother failed to establish that respondent father committed any family offense and dismissed the petition, unanimously affirmed, without costs.
Family Court properly dismissed the petition upon a finding that the mother failed to establish by a fair preponderance of the evidence that the father engaged in any family offense (Family Court Act §§ 812[1], 832; see Geraldine R. v. Haile P., 216 A.D.3d 415, 415, 188 N.Y.S.3d 44 [1st Dept. 2023]; Linda H. v. Ahmed S., 188 A.D.3d 597, 598, 136 N.Y.S.3d 263 [1st Dept. 2020]). Family Court’s credibility assessment of the parties was based both on its observations of the witnesses and on a text message exchange, admitted into evidence, which corroborated the father’s testimony concerning one of the alleged incidents and refuted the mother’s testimony. The mother offered no other evidence to support her allegations. Thus, there is no basis to disturb the court’s credibility determinations, as the determination to credit the father’s testimony and to discredit the mother’s testimony is supported by a sound and substantial evidentiary basis (see Any G. v. Ayman H., 208 A.D.3d 1097, 1098, 175 N.Y.S.3d 25 [1st Dept. 2022]).
We have considered the remaining arguments and find them unavailing.