| Matter of DosReis v Rousseau |
| 2011 NY Slip Op 05495 [85 AD3d 1028] |
| June 21, 2011 |
| Appellate Division, Second Department |
| In the Matter of Asia DosReis, Appellant, v LawrenceRousseau, Respondent. |
—[*1] Pablo E. Bustos, New York, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the mother, AsiaDosReis, appeals from an order of the Family Court, Kings County (Kennedy, J.), dated August24, 2010, as, after a hearing, dismissed her 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 beresolved by the Family Court, and that court's determination regarding the credibility ofwitnesses is entitled to great weight on appeal and will not be disturbed if supported by therecord" (Matter of Richardson vRichardson, 80 AD3d 32, 43-44 [2010]; see Matter of Luke v Luke, 72 AD3d 689 [2010]). Here, the FamilyCourt was presented with sharply conflicting testimony as to whether the father menaced themother. The Family Court's determination that the mother failed to establish that a family offensewas committed was based upon its assessment of the credibility of the parties and of severaleyewitnesses, and is supported by the record (see Matter of Richardson v Richardson, 80AD3d at 44; Matter of Luke v Luke, 72 AD3d at 689; Matter of Campbell vDesir, 251 AD2d 402, 403 [1998]). Accordingly, we decline to disturb the Family Court'sdetermination. Covello, J.P., Eng, Leventhal and Cohen, JJ., concur.