IN RE: SHERIDA L. (2025)

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 Court Act §§ 812[1];  832;  Matter of Sheila M. v. Jodeci S., 231 A.D.3d 519, 520, 218 N.Y.S.3d 65 [1st Dept. 2024], lv denied 42 N.Y.3d 912, 2025 WL 478893 [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 A.D.3d 616, 616, 118 N.Y.S.3d 573 [1st Dept. 2020], lv denied 35 N.Y.3d 911, 2020 WL 5047416 [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 A.D.3d 1097, 1098, 175 N.Y.S.3d 25 [1st Dept. 2022]).

We have considered the remaining arguments and find them unavailing.