Opinion
04-01-2015
In the Matter of Zeynab Said TUMBA, appellant, v. Tahir GHARIB, respondent.
Lisa Lewis, Brooklyn, N.Y., for appellant. Gail R. Rich, Brooklyn, N.Y., for respondent. Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter of counsel), attorney for the children (no brief filed).
Lisa Lewis, Brooklyn, N.Y., for appellant.
Gail R. Rich, Brooklyn, N.Y., for respondent.
Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter of counsel), attorney for the children (no brief filed).
Opinion Appeal from an order of the Family Court, Kings County (Michael L. Katz, J.), dated May 8, 2014. The order, after a hearing, denied the mother's amended family offense petition, vacated a temporary order of protection issued by that court on April 25, 2014, and dismissed the proceeding.
ORDERED that the order dated May 8, 2014, is affirmed, without costs or disbursements.
“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” (Matter of Cassie v. Cassie, 109 A.D.3d 337, 340, 969 N.Y.S.2d 537, quoting Family Ct. Act § 832 ; see Matter of Blackett v. Blackett, 123 A.D.3d 923, 999 N.Y.S.2d 148 ). “The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court” (Matter of Creighton v. Whitmore, 71 A.D.3d 1141, 1141, 898 N.Y.S.2d 585 ; see Family Ct. Act §§ 812, 832 ; Matter of Blackett v. Blackett, 123 A.D.3d at 923, 999 N.Y.S.2d 148 ), whose “determination regarding the credibility of witnesses is entitled to great weight on appeal unless clearly unsupported by the record” (Matter of Creighton v. Whitmore, 71 A.D.3d at 1141, 898 N.Y.S.2d 585 ; see Matter of Blackett v. Blackett, 123 A.D.3d at 923, 999 N.Y.S.2d 148 ; Matter of Maiorino v. Maiorino, 107 A.D.3d 717, 965 N.Y.S.2d 885 ).
Here, the Family Court was presented with sharply conflicting testimony as to whether the respondent committed the subject family offenses. The court's determination that the petitioner failed to establish that a family offense was committed against her was based on its credibility assessments, and is supported by the record (see Matter of Cole v. Muirhead, 125 A.D.3d 964, 1 N.Y.S.3d 865 ; Matter of Blackett v. Blackett, 123 A.D.3d at 923, 999 N.Y.S.2d 148 ; Matter of Streat v. Streat, 117 A.D.3d 837, 838, 985 N.Y.S.2d 720 ).
Accordingly, the Family Court properly denied the amended petition, vacated the temporary order of protection, and dismissed the proceeding.
RIVERA, J.P., SGROI, MALTESE and LaSALLE, JJ., concur.