Matter of Marte v Biondo
2014 NY Slip Op 02780 [116 AD3d 957]
April 23, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 28, 2014


In the Matter of Lucia Marte, Appellant,
v
Mariano Biondo, Respondent.

[*1] Kenneth M. Tuccillo, Hastings-on-Hudson, N.Y., for appellant.

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Queens County (Jolly, J.), dated June 27, 2013, which, after a fact-finding hearing, dismissed her petition.

Ordered that the order is affirmed, without costs or disbursements.

A family offense must be established by a fair preponderance of the evidence (see Family Ct Act § 832; Matter of Pearlman v Pearlman, 78 AD3d 711, 712 [2010]). "The determination of whether a family offense was committed is a factual issue to be resolved by the [trial] [c]ourt, 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 AD3d 32, 43-44 [2010] see Matter of King v Edwards, 92 AD3d 783, 784 [2012]). Here, contrary to the appellant's contention, the Family Court properly determined that the evidence adduced at the fact-finding hearing was insufficient to establish that the respondent committed the family offense of harassment in the second degree (see Penal Law § 240.26; Matter of Mamantov v Mamantov, 86 AD3d 540 [2011] Matter of Cavanaugh v Madden, 298 AD2d 390 [2002]).

The appellant's remaining contention is without merit.

Accordingly, the Family Court properly dismissed the petition. Dickerson, J.P., Hall, Roman and Cohen, JJ., concur.