Konstatine v. Konstatine
Opinion of the Court
In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Queens County (Jolly, J.), dated April 16, 2012, which, after a hearing, denied the petition.
Ordered that the order is reversed, on the facts, without costs or disbursements, the petition is granted, and the matter is remitted to the Family Court, Queens County, for the entry of an appropriate order of protection.
The petitioner commenced a family offense proceeding against her step-grandson, alleging that he committed the family offenses of, inter alia, assault in the third degree, harassment in the second degree, and disorderly conduct. After a hearing, the Family Court determined that the petitioner had failed to meet her burden of proof as to these offenses, and denied the petition.
A family offense must be established by a fair preponderance of the evidence (see Family Ct Act § 832; Matter of Scanziani v Hairston, 100 AD3d 1007 [2012]; Matter of Pearlman v Pearlman, 78 AD3d 711, 712 [2010]). “The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and that court’s determination regarding the credibility of witnesses is entitled to great weight on appeal and will not be disturbed if supported by the record” (Matter of Richardson v Richardson, 80 AD3d 32, 43-44 [2010]; see Matter of Winfield v Gammons, 105 AD3d 753 [2013]; Matter of Clarke-Golding v Golding, 101 AD3d 1117 [2012]).
Here, while the Family Court properly concluded that the petitioner failed to establish the family offenses of assault in the third degree (see Penal Law §§ 10.00 [9]; 120.00), and disorderly conduct (see Penal Law § 240.20), the record does not support the Family Court’s determination that the petitioner failed to
Accordingly, the family offense petition should have been granted, and we remit the matter to the Family Court, Queens County, for the entry of an appropriate order of protection. Rivera, J.P., Skelos, Chambers and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.