Matter of Marte v Biondo

Matter of Marte v Biondo 2014 NY Slip Op 02780 Decided on April 23, 2014 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 April 23, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
THOMAS A. DICKERSON, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2013-07537
(Docket No. O-16038-12)

[*1]In the Matter of Lucia Marte, appellant,

v

Mariano Biondo, respondent.




Kenneth M. Tuccillo, Hastings-on-Hudson, N.Y., for appellant.


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 (Jolly, J.), dated June 27, 2013, which, after a fact-finding hearing, dismissed her petition.

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

A family offense must be established by a fair preponderance of the evidence (see Family Ct Act § 832; Matter of Pearlman v Pearlman, 78 AD3d 711, 712). "The determination of whether a family offense was committed is a factual issue to be resolved by the [trial] [c]ourt, 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 Richardson v Richardson, 80 AD3d 32, 43-44; see Matter of King v Edwards, 92 AD3d 783, 784). Here, contrary to the appellant's contention, the Family Court properly determined that the evidence adduced at the fact-finding hearing was insufficient to establish that the respondent committed the family offense of harassment in the second degree (see Penal Law § 240.26; Matter of Mamantov v Mamantov, 86 AD3d 540; Matter of Cavanaugh v Madden, 298 AD2d 390).

The appellant's remaining contention is without merit.

Accordingly, the Family Court properly dismissed the petition.
DICKERSON, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court