| Matter of Chavez-Gonzalez v Tran |
| 2013 NY Slip Op 04797 [107 AD3d 983] |
| June 26, 2013 |
| Appellate Division, Second Department |
| In the Matter of Velia Maria Chavez-Gonzalez,Appellant, v Thanh D. Tran, Respondent. |
—[*1] Gellert & Klein, P.C., Poughkeepsie, N.Y. (Robert E. Noe of counsel), forrespondent. Leslie A. Baum, Walden, N.Y., attorney for the child.
In a family offense proceeding pursuant to Family Court Act article 8, the motherappeals from an order of the Family Court, Dutchess County (Posner, J.), enteredFebruary 23, 2012, which upon the granting of the father's motion, made at the close ofthe evidence, to dismiss the petition, dismissed the petition and vacated a temporaryorder of protection dated December 23, 2011.
Ordered that the order is affirmed, without costs or disbursements.
"[T]he determination of whether a family offense was committed is a factual issue tobe resolved by the hearing court . . . and that court's determinationregarding the credibility of witnesses is entitled to great weight on appeal" (Matter of DeGasero vDeGasero, 95 AD3d 883 [2012]; Matter of Creighton v Whitmore, 71 AD3d 1141 [2010];Matter of Halper v Halper,61 AD3d 687 [2009]). The Family Court's determination that the respondent had notcommitted a family offense was based upon its assessment of the credibility of the partiesand other witnesses, and is supported by the record (see Matter of DeGasero vDeGasero, 95 AD3d at 883; Matter of Richardson v Richardson, 80 AD3d 32, 44[2010]). Accordingly, we decline to disturb the Family Court's determination. Dillon,J.P., Angiolillo, Dickerson and Cohen, JJ., concur.