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IN RE: R.H., Petitioner-Appellant, v. M.C.H., Respondent-Respondent.
Order, Family Court, New York County (Jacob K. Maeroff, Ref.), entered on or about December 14, 2023, which, after a fact-finding hearing, dismissed the family offense petition with prejudice, unanimously affirmed, without costs.
Family Court properly dismissed the petition upon a finding that petitioner failed to establish by a preponderance of the evidence that respondent committed any of the family offenses alleged (see Matter of Dawn Monique W.W. v. Melvin Alexander W., 184 A.D.3d 440, 440, 123 N.Y.S.3d 821 [1st Dept. 2020]; Matter of Alexei S. v. Michael M., 132 A.D.3d 466, 467, 17 N.Y.S.3d 632 [1st Dept. 2015]). Family Court credited respondent's testimony over petitioner's. The court's credibility determinations are entitled to deference, as its assessments of the parties was based both on its observations of the witnesses and the documentary evidence over the course of the years-long proceeding (see 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]; Matter of Any G. v. Ayman H., 208 A.D.3d 1097, 1098, 175 N.Y.S.3d 25 [1st Dept. 2022]).
Petitioner's arguments on appeal are unavailing. (see Matter of Geraldine R. v. Haile P., 216 A.D.3d 415, 416, 188 N.Y.S.3d 44 [1st Dept. 2023]). Thus, there is no basis to disturb the court's credibility determinations (see Matter of Tawanna R. v. Michael E.G., 226 A.D.3d 524, 525, 210 N.Y.S.3d 47 [1st Dept. 2024]; Matter of Katherine J. v. Everlene S., 220 A.D.3d 418, 418, 197 N.Y.S.3d 43 [1st Dept. 2023]; Matter of Fatima V. v. Ramon V., 100 A.D.3d 509, 510, 953 N.Y.S.2d 854 [1st Dept. 2012]).
We have considered petitioner's remaining contentions and find them unavailing.
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Docket No: 4050
Decided: June 26, 2025
Court: Supreme Court, Appellate Division, First Department, New York.
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