IN RE: Fred J. PETRILLO (2024)

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Nassau County (Ellen R. Greenberg, J.), dated July 6, 2023.  The order, after a hearing, in effect, denied the petition and dismissed the proceeding.

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

In March 2022, the petitioner commenced this proceeding pursuant to Family Court Act article 8, alleging that the respondent committed various family offenses.  After a hearing, the Family Court, in effect, denied the petition and dismissed the proceeding.  The petitioner appeals.

The allegations in a family offense proceeding must be “supported by a fair preponderance of the evidence” (Family Ct Act § 832;  see Matter of Singh v. Kaur, 213 A.D.3d 771, 771, 181 N.Y.S.3d 469).  “The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and its determinations regarding the credibility of witnesses are entitled to great weight on appeal, such that they will not be disturbed unless clearly unsupported by the record” (Matter of Porter v. Moore, 149 A.D.3d 1082, 1083, 53 N.Y.S.3d 174;  see Matter of Limanov v. Limanov, 225 A.D.3d 872, 208 N.Y.S.3d 654).  Contrary to the petitioner's contention, the Family Court's finding that the petitioner failed to adduce sufficient evidence to establish that a family offense was committed by the respondent is supported by the record (see Matter of Hefetz v. Rosenblatt, 219 A.D.3d 1521, 1522, 195 N.Y.S.3d 806;  Matter of Trela v. Ardito, 213 A.D.3d 859, 860, 183 N.Y.S.3d 545).

DILLON, J.P., CHAMBERS, GENOVESI and VOUTSINAS, JJ., concur.