Matter of Mrsic v Kwan

Matter of Mrsic v Kwan 2011 NY Slip Op 00516 Decided on January 25, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 25, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
JOSEPH COVELLO, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
2009-11461
(Docket No. O-26611-09)

[*1]In the Matter of Samira Mrsic, appellant,

v

Kwak Yen Kwan, respondent. Peter Dailey, New York, N.Y., for appellant. David Zaslavsky, PLLC, New York, N.Y., for respondent.




DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, Samira Mrsic appeals from an order of the Family Court, Kings County (Cammer, J.H.O.), dated November 13, 2009, which, after a hearing, dismissed the petition.

ORDERED that the order is affirmed, without costs or disbursements.

"The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and that court's determination regarding the credibility of witnesses is entitled to great weight on appeal, and will not be disturbed if supported by the record" (Matter of Luke v Luke, 72 AD3d 689, 689; see Matter of Testman v Roman, 78 AD3d 719, lv deniedNY3d, 2011 NY Slip Op 61504 [2011]; Matter of Holder v Francis, 67 AD3d 679; Matter of Nusbaum v Nusbaum, 59 AD3d 725; Matter of Kraus v Kraus, 26 AD3d 494; Matter of St. Denis v St. Denis, 1 AD3d 370). We find no basis to disturb the Family Court's determination (see Matter of St. Denis v St. Denis, 1 AD3d 370).

The appellant's remaining contentions are without merit.
COVELLO, J.P., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court