| Matter of Robinson v Bennett |
| 2008 NY Slip Op 02160 [49 AD3d 652] |
| March 11, 2008 |
| Appellate Division, Second Department |
| In the Matter of Pamela Robinson, Appellant, v PaulBennett, Respondent. |
—[*1] Edward E. Caesar, Brooklyn, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appealsfrom an order of the Family Court, Kings County (Hepner, J.), dated September 22, 2006, which,after a hearing, denied the petition, dismissed the proceeding, and vacated a temporary order ofprotection against the respondent.
Ordered that the order is affirmed, without costs or disbursements.
The determination of whether a family offense was committed is a factual determination tobe resolved by the Family Court (seeMatter of Hall v Hall, 45 AD3d 842, 843 [2007]; Matter of Waaldijk-Howell v Howell, 22 AD3d 675 [2005]; Matter of King v Flowers, 13 AD3d629 [2004]). The Family Court's credibility determination is entitled to great weight onappeal (see Matter of Hall v Hall, 45 AD3d at 843; Matter of Waaldijk-Howell vHowell, 22 AD3d at 675; Matter of King v Flowers, 13 AD3d at 629). The recordsupports the Family Court's determination that the petitioner failed to prove, by a fairpreponderance of the credible evidence, that the respondent committed an act constituting afamily offense (see Family Ct Act § 832; Matter of Hall v Hall, 45 AD3d at842-843; Matter of Waaldijk-Howell v Howell, 22 AD3d at 675; Matter of King vFlowers, 13 AD3d at 629). Mastro, J.P., Covello, Eng and Belen, JJ., concur.