In the Matter of Cheryl Dosreis v. Rousseau
| Decision Date | 21 June 2011 |
| Citation | 925 N.Y.S.2d 849,85 A.D.3d 1028,2011 N.Y. Slip Op. 05496 |
| Parties | In the Matter of Cheryl DOSREIS, appellant,v.Lawrence ROUSSEAU, respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HEREHelene Bernstein, Brooklyn, N.Y., for appellant.Pablo E. Bustos, New York, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the maternal grandmother, Cheryl DosReis appeals from an order of the Family Court, Kings County (Kennedy, J.), dated August 24, 2010, as, after a hearing, dismissed her petition.
ORDERED that the order is affirmed, without costs or disbursements.
“The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and that court's determination regarding the credibility of witnesses is entitled to great weight on appeal and will not be disturbed if supported by the record” ( Matter of Richardson v. Richardson, 80 A.D.3d 32, 43–44, 910 N.Y.S.2d 149; see Matter of Luke v. Luke, 72 A.D.3d 689, 897 N.Y.S.2d 655). Here, the Family Court was presented with sharply conflicting testimony as to whether the father menaced and recklessly endangered Cheryl DosReis (hereinafter the grandmother). The Family Court's determination that the grandmother failed to establish that a family offense was committed was based upon its assessment of the credibility of the parties and of several eyewitnesses, and is supported by the record ( see Matter of Richardson v. Richardson, 80 A.D.3d at 44, 910 N.Y.S.2d 149; Matter of Luke v. Luke, 72 A.D.3d at 689, 897 N.Y.S.2d 655; Matter of Campbell v. Desir, 251 A.D.2d 402, 403, 672 N.Y.S.2d 818). Accordingly, we decline to disturb the Family Court's determination.
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