| Matter of Khan v Khan |
| 2013 NY Slip Op 08443 [112 AD3d 829] |
| December 18, 2013 |
| Appellate Division, Second Department |
| In the Matter of Farid U. Khan,Appellant, v Asiyah Khan, Respondent. |
—[*1] Robert E. Hornberger, Jr., Melville, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the petitionerappeals from an order of the Family Court, Suffolk County (Burke, Ct. Atty. Ref.), datedNovember 28, 2012, which, after a hearing, inter alia, in effect, denied the petition anddismissed the proceeding.
Ordered that the order is affirmed, with costs.
"The determination of whether a family offense was committed is a factual issue tobe resolved by the Family Court, and that court's determination regarding the credibilityof witnesses is entitled to great weight on appeal, and will not be disturbed unless clearlyunsupported by the record" (Matter of Alam v Alam, 108 AD3d 665, 666 [2013]; see Matter of Salazar vMelendez, 97 AD3d 754, 755 [2012]). Here, the Family Court's determinationthat no family offense had been committed hinged on issues of credibility, and we findno basis to disturb it (see Matterof Kurkcu v Cokyuksel, 31 AD3d 554 [2006]).
The petitioner's remaining contentions are without merit. Dickerson, J.P., Hall,Cohen and Miller, JJ., concur.