Opinion
No. 2022-01369 Docket No. O-4028-21
02-08-2023
In the Matter of Manohar Singh, appellant, v. Kamaljit Kaur, respondent.
Heath J. Goldstein, Jamaica, NY, for appellant.
Heath J. Goldstein, Jamaica, NY, for appellant.
FRANCESCA E. CONNOLLY, J.P. ROBERT J. MILLER LINDA CHRISTOPHER JANICE A. TAYLOR, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Queens County (Mildred T. Negron, J.), dated February 25, 2022. The order, after a hearing, in effect, denied the petition and dismissed the proceeding.
ORDERED that the order is affirmed, without costs or disbursements.
The petitioner commenced this family offense proceeding against his spouse, alleging, inter alia, that she had attempted to strike him with a rolling pin. The allegations in a family offense proceeding must be "supported by a fair preponderance of the evidence" (Family Ct Act § 832; see Matter of Saquipay v Puzhi, 160 A.D.3d 879, 879). The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court (see Matter of Mullings v Abrahams, 171 A.D.3d 1070, 1070-1071; Matter of Richardson v Richardson, 80 A.D.3d 32, 43; Matter of Hall v Hall, 45 A.D.3d 842). Here, contrary to the petitioner's contention, the Family Court's finding that the petitioner failed to adduce sufficient evidence to establish that a family offense was committed by the respondent is supported by the record (see Matter of Richardson v Richardson, 80 A.D.3d at 44; Matter of Ortiz v Ortiz, 2 A.D.3d 1236).
The petitioner's remaining contentions are unpreserved for appellate review, and, in any event, without merit.
CONNOLLY, J.P., MILLER, CHRISTOPHER and TAYLOR, JJ., concur.