| Matter of Alonso v Perdue |
| 2013 NY Slip Op 08619 [112 AD3d 920] |
| December 26, 2013 |
| Appellate Division, Second Department |
| In the Matter of Karla V. Alonso,Appellant, v Sharod J.C. Perdue, Respondent. |
—[*1] Anne M. Serby, Rockaway Park, N.Y., for respondent. David G. Standel, Jamaica, N.Y., attorney for the child.
In a family offense proceeding pursuant to Family Court Act article 8, the petitionerappeals from an order of the Family Court, Queens County (Jolly, J.), dated July 19,2012, which, after a hearing, in effect, denied the petition and dismissed the proceeding.
Ordered that the order is affirmed, without costs or disbursements.
"A family offense must be established by a fair preponderance of the evidence" (Matter of Saldivar v Cabrera,109 AD3d 831, 831 [2013]; see Family Ct Act § 832; Matter of Bazante v Bazante,107 AD3d 707, 707 [2013]). "The determination of whether a family offense wascommitted is a factual issue to be resolved by the Family Court, and that court'sdetermination regarding the credibility of witnesses is entitled to great weight on appealunless clearly unsupported by the record" (Matter of Saldivar v Cabrera, 109AD3d at 832; see Matter ofWinfield v Gammons, 105 AD3d 753, 754 [2013]). Here, the Family Court waspresented with sharply conflicting testimony as to whether the respondent committed thefamily offenses at issue. The Family Court's determination that the petitioner failed toestablish that a family offense was committed against her was based on its credibilityassessments, and is supported by the record (see Matter of Sepulveda v Perez, 90 AD3d 1057, 1058[2011]; Matter of Richardson vRichardson, 80 AD3d 32, 44 [2010]). Accordingly, we decline to disturb theFamily Court's determination. Skelos, J.P., Dickerson, Cohen and Hinds-Radix, JJ.,concur.