Krisztina K. v. John S.

• Citation: 2013 N.Y. Slip Op. 00917,960 N.Y.S.2d 144,103 A.D.3d 724
• Parties: In the Matter of KRISZTINA K. (Anonymous), appellant, v. JOHN S. (Anonymous), respondent.
• Decision Date: 13 February 2013
• Court: New York Supreme Court Appellate Division

103 A.D.3d 724

960 N.Y.S.2d 144

2013 N.Y. Slip Op. 00917

In the Matter of KRISZTINA K. (Anonymous), appellant,

v.JOHN S. (Anonymous), respondent.

Supreme Court, Appellate Division, Second Department, New York.

Feb. 13, 2013.

Kelli M. O'Brien, Goshen, N.Y., for appellant.

REINALDO E. RIVERA, J.P., PLUMMER E. LOTT, SHERI S. ROMAN, and SANDRA L. SGROI, JJ.

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals, as limited by her brief, from so much of an order of the Family Court, Orange County (Woods, J.), entered January 31, 2012, as, after a hearing, dismissed the petition and the amended petition with prejudice, and vacated a temporary order of protection issued under registry number 2011–000943.

ORDERED that the order is affirmed insofar as appealed from, 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 its determination regarding the credibility of witnesses is entitled to considerable deference on appeal” ( Matter of Lannaman v. Minus, 96 A.D.3d 756, 757, 945 N.Y.S.2d 575;see Matter of Sepulveda v. Perez, 90 A.D.3d 1057, 1058, 936 N.Y.S.2d 226;Matter of DosReis v. Rousseau, 85 A.D.3d 1028, 1029, 925 N.Y.S.2d 849;Matter of Richardson v. Richardson, 80 A.D.3d 32, 43–44, 910 N.Y.S.2d 149;Matter of Luke v. Luke, 72 A.D.3d 689, 897 N.Y.S.2d 655).

Here, the Family Court's determination that the petitioner failed to establish that the respondent committed any acts constituting a family offense was based upon its assessment of the parties' credibility, and is supported by the record ( see Matter of Lannaman v. Minus, 96 A.D.3d at 757, 945 N.Y.S.2d 575;Matter of Sepulveda v. Perez, 90 A.D.3d at 1058, 936 N.Y.S.2d 226;Matter of DosReis v. Rousseau, 85 A.D.3d at 1029, 925 N.Y.S.2d 849;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).

The petitioner's remaining contentions are without merit.

Since the allegations in the petition and the amended petition were not established, the Family Court properly dismissed the petitions and vacated the temporary order of protection ( see Matter of Lannaman v. Minus, 96 A.D.3d at 757, 945 N.Y.S.2d 575;Matter of Aruti v. Aruti, 88 A.D.3d 700, 701, 930 N.Y.S.2d 481;Matter of King v. Flowers, 13 A.D.3d 629, 786 N.Y.S.2d 345).