| Matter of Amato v Amato |
| 2012 NY Slip Op 08115 [100 AD3d 988] |
| November 28, 2012 |
| Appellate Division, Second Department |
| In the Matter of Deborah L. Amato, Appellant, v RaffaeleA. Amato, Jr., Respondent. |
—[*1]
In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appealsfrom an order of the Family Court, Suffolk County (Burke, Ct. Atty. Ref.), dated October 28,2011, which, after a hearing, denied her petition and vacated all orders of protection issuedagainst the respondent in this matter.
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 Medranda v Mondelli, 74 AD3d 972 [2010]; Matter of Delano v Desimone, 60AD3d 673, 673-674 [2009]). Here, the Family Court was presented with the sharplyconflicting testimony of the parties regarding the events that occurred on the subject date, and itchose to credit the respondent's account in finding that a family offense had not been established(see e.g. Matter of Sepulveda vPerez, 90 AD3d 1057, 1058 [2011]; Matter of Richardson v Richardson, 80AD3d at 44; Matter of Khaykin vKanayeva, 47 AD3d 817, 818 [2008]). Since the court's determination is supported byevidence in the record, we discern no basis to disturb it. Mastro, J.P., Rivera, Chambers and Lott,JJ., concur.