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IN RE: D. S., Petitioner-Respondent, v. C. B., Respondent-Appellant.
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Docket Nos. O-
Dora M. Lassinger, Long Beach, for appellant.
D. S., respondent pro se.
Order, Family Court, New York County (Stephanie Schwartz, J.), entered on or about November 6, 2025, which, to the extent appealed from as limited by the briefs, dismissed petitioner C. B.'s family offense petitions against respondent D. S., unanimously affirmed, without costs.
The Family Court properly denied the petitions, as petitioner C.B. failed to establish by a fair preponderance of the credible evidence that respondent D.S. committed the offenses of harassment in the second degree (Penal Law § 240.26), assault in the third degree (Penal Law § 120.00[1] ), and attempted assault in the third degree (Penal Law § 110.00). Family Court's determination not to credit petitioner's
testimony is entitled to great deference, and there is no basis to disturb its findings (see Matter of Everett C. v. Oneida P., 61 AD3d 489, 489 [1st Dept 2009] ).
We have considered petitioner's remaining arguments and find them unavailing.
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Docket No: Docket Nos. O-07736 /23, O-07774 /23, O-08114
Decided: June 23, 2026
Court: Supreme Court, Appellate Division, First Department, New York.
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