| Matter of Sealy v Sealy |
| 2015 NY Slip Op 08845 [134 AD3d 725] |
| December 2, 2015 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Nelly Sealy,Appellant, v Grantley Sealy, Respondent. |
Cheryl Gammone, Staten Island, N.Y., for appellant.
Jonathan H. Shim, Jamaica, N.Y., for respondent.
Appeal from an order of the Family Court, Queens County (Dennis Lebwohl, J.),dated October 31, 2014. The order, upon the granting of the husband's motion, made atthe close of the wife's case at a fact-finding hearing, to dismiss the petition for failure tomake out a prima facie case, dismissed the petition.
Ordered that the order is affirmed, without costs or disbursements.
A family offense must be established by a fair preponderance of the evidence (seeFamily Ct Act § 832; Matter of Tulshi v Tulshi, 118 AD3d 716 [2014]; Matter of Khan-Soleil vRashad, 108 AD3d 544 [2013]; Matter of Thomas v Thomas, 72 AD3d 834 [2010]). Indetermining a motion to dismiss for failure to establish a prima facie case, the evidencemust be accepted as true and given the benefit of every reasonable inference which maybe drawn therefrom (see Matterof Oakes v Oakes, 127 AD3d 1093 [2015]; Matter of Mamantov v Mamantov, 86 AD3d 540, 541[2011]). Contrary to the wife's contention, accepting the evidence proffered in support ofher petition as true and giving it the benefit of every reasonable inference, it failed toestablish, prima facie, that the husband committed the family offenses of harassment inthe second degree and disorderly conduct (see Matter of Goldring v Sprei, 121 AD3d 894, 895 [2014];Matter of Stephens vStephens, 106 AD3d 748 [2013]; Matter of Sellers v Sellers-Boykin, 72 AD3d 832 [2010]).Rivera, J.P., Leventhal, Miller and Duffy, JJ., concur.