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ROBINSON v. BENNETT

Appellate Division of the Supreme Court of New York, Second Department.
Mar 11, 2008
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Ordered that the order is affirmed, without costs or disbursements.

The determination of whether a family offense was committed is a factual determination to be resolved by the Family Court ( see Matter of Hall v Hall, 45 AD3d 842, 843; Matter of Waaldijk-Howell v Howell, 22 AD3d 675; Matter of King v Flowers, 13 AD3d 629). The Family Court's credibility determination is entitled to great weight on appeal ( see Matter of Hall v Hall, 45 AD3d at 843; Matter of Waaldijk-Howell v Howell, 22 AD3d at 675; Matter of King v Flowers, 13 AD3d at 629). The record supports the Family Court's determination that the petitioner failed to prove, by a fair preponderance of the credible evidence, that the respondent committed an act constituting a family offense ( see Family Ct Act ยง 832; Matter of Hall v Hall, 45 AD3d at 842-843; Matter of Waaldijk-Howell v Howell, 22 AD3d at 675; Matter of King v Flowers, 13 AD3d at 629).