Khan v. Khan
| Decision Date | 18 December 2013 |
| Citation | 976 N.Y.S.2d 671,2013 N.Y. Slip Op. 08443,112 A.D.3d 829 |
| Parties | In the Matter of Farid U. KHAN, appellant, v. Asiyah KHAN, respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Philip A. Kusnetz, P.C., Garden City, N.Y., for appellant.
Robert E. Hornberger, Jr., Melville, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Suffolk County (Burke, Ct. Atty. Ref.), dated November 28, 2012, which, after a hearing, inter alia, in effect, denied the petition and dismissed the proceeding.
ORDERED that the order is affirmed, with costs.
“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 unless clearly unsupported by the record” ( Matter of Alam v. Alam, 108 A.D.3d 665, 666, 968 N.Y.S.2d 403; see Matter of Salazar v. Melendez, 97 A.D.3d 754, 755, 948 N.Y.S.2d 673). Here, the Family Court's determination that no family offense had been committed hinged on issues of credibility, and we find no basis to disturb it ( see Matter of Kurkcu v. Cokyuksel, 31 A.D.3d 554, 817 N.Y.S.2d 530).
The petitioner's remaining contentions are without merit.
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