Jarrett v. Jarrett
| Decision Date | 09 January 2013 |
| Parties | In the Matter of Destinie Hill JARRETT, appellant, v. Kemar JARRETT, respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Susan Argento Ferlauto, Thornwood, N.Y., for appellant.
Helene Migdon Greenberg, Elmsford, N.Y., for respondent.
Robert H. Beck, White Plains, N.Y., attorney for the children.
In a family offense proceeding pursuant to Family Court Act article 8, the mother appeals from an order of the Family Court, Westchester County (Greenwald, J.), entered November 7, 2011, which, after a hearing, dismissed the petition.
ORDERED that the order is affirmed, without costs or disbursements.
The allegations in a family offense proceeding must be “supported by a fair preponderance of the evidence” (Family Ct. Act § 832; see *899Matter of Nunziata v. Nunziata, 93 A.D.3d 800, 801, 941 N.Y.S.2d 190;Matter of Daoud v. Daoud, 92 A.D.3d 878, 940 N.Y.S.2d 869;Matter of Pearlman v. Pearlman, 78 A.D.3d 711, 712, 911 N.Y.S.2d 87;Matter of Thomas v. Thomas, 72 A.D.3d 834, 835, 898 N.Y.S.2d 495;Matter of Hunt v. Hunt, 51 A.D.3d 924, 925, 858 N.Y.S.2d 724;Matter of Patton v. Torres, 38 A.D.3d 667, 668, 832 N.Y.S.2d 599). “Only competent, material and relevant evidence may be admitted in a fact-finding hearing” (Family Ct. Act § 834; see Matter of Daoud v. Daoud, 92 A.D.3d at 878, 940 N.Y.S.2d 869).
Here, the evidence submitted in support of the petition consisted solely of inadmissible hearsay. The mother, therefore, failed to establish the allegations in the petition by competent evidence ( seeFamily Ct. Act § 834; Matter of Daoud v. Daoud, 92 A.D.3d at 878–879, 940 N.Y.S.2d 869). Accordingly, the Family Court properly dismissed the petition.
The mother's remaining contentions are without merit.
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