Parent, Child and Family - Family Offense Proceeding - Dismissal of Petition for Failure to Meet Burden of Proof That Family Offense was Committed - No Basis to Disturb Family Court's Credibility Determinations

Order, Family Court, New York County (Jacob K. Maeroff, Ref.), entered on or about February 15, 2024, which, after a hearing, found that petitioner failed to establish that respondent committed any family offense and dismissed the petition with prejudice, unanimously affirmed, without costs.

Family Court properly dismissed the petition upon a finding that petitioner failed to establish by a fair preponderance of the evidence that respondent engaged in any family offense (see Family Ct Act §§ 812 [1]; 832; Matter of Sheila M. v Jodeci S., 231 AD3d 519, 520 [1st Dept 2024], lv denied 42 NY3d 912 [2025]). The court's decision to credit respondent's testimony over petitioner's testimony is supported by a sound and substantial basis (see Matter of Judith L.C. v Lawrence Y., 179 AD3d 616, 616 [1st Dept 2020], lv denied 35 NY3d 911 [2020]). Family Court's assessment of the parties' credibility was based both on its observations of the parties and the testimony of respondent's former attorney, who witnessed the primary event alleged by petitioner, and whose testimony fully corroborated respondent's account and refuted petitioner's testimony. Thus, there is no basis to disturb the court's credibility determinations (see Matter of Any G. v Ayman H., 208 AD3d 1097, 1098 [1st Dept 2022]).

We have considered the remaining arguments and find them unavailing. Concur—Kern, J.P., Gesmer, Mendez, O'Neill Levy, Michael, JJ.