| Matter of Krisztina K. v John S. |
| 2013 NY Slip Op 00917 [103 AD3d 724] |
| February 13, 2013 |
| Appellate Division, Second Department |
| In the Matter of Krisztina K., Appellant, v John S.,Respondent. |
—[*1]
In a family offense proceeding pursuant to Family Court Act article 8, the petitionerappeals, as limited by her brief, from so much of an order of the Family Court, OrangeCounty (Woods, J.), entered January 31, 2012, as, after a hearing, dismissed the petitionand the amended petition with prejudice, and vacated a temporary order of protectionissued under registry number 2011-000943.
Ordered that the order is affirmed insofar as appealed from, without costs ordisbursements.
"The determination of whether a family offense was committed is a factual issue tobe resolved by the Family Court, and its determination regarding the credibility ofwitnesses is entitled to considerable deference on appeal" (Matter of Lannaman v Minus,96 AD3d 756, 757 [2012]; see Matter of Sepulveda v Perez, 90 AD3d 1057, 1058[2011]; Matter of DosReis vRousseau, 85 AD3d 1028, 1029 [2011]; Matter of Richardson v Richardson, 80 AD3d 32, 43-44[2010]; Matter of Luke vLuke, 72 AD3d 689 [2010]).
Here, the Family Court's determination that the petitioner failed to establish that therespondent committed any acts constituting a family offense was based upon itsassessment of the parties' credibility, and is supported by the record (see Matter ofLannaman v Minus, 96 AD3d at 757; Matter of Sepulveda v Perez, 90 AD3dat 1058; Matter of DosReis v Rousseau, 85 AD3d at 1029; Matter ofRichardson v Richardson, 80 AD3d at 44; Matter of Luke v Luke, 72 AD3dat 689).
The petitioner's remaining contentions are without merit.
Since the allegations in the petition and the amended petition were not established,the Family Court properly dismissed the petitions and vacated the temporary order ofprotection (see Matter of Lannaman v Minus, 96 AD3d at 757; Matter of Aruti v Aruti, 88AD3d 700, 701 [2011]; Matter of King v Flowers, 13 AD3d 629 [2004]). Rivera,J.P., Lott, Roman and Sgroi, JJ., concur.