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IN THE MATTER OF KING v. FLOWERS

Appellate Division of the Supreme Court of New York, Second Department.
Dec 27, 2004

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

The Family Court properly dismissed the petition upon finding that the petitioner failed to establish by a preponderance of the evidence that the respondent committed acts constituting a cognizable family offense ( see Family Ct Act ยง 832). The determination whether the respondent committed such acts was a disputed factual issue for the Family Court to resolve. As the trier of fact, its determination regarding the credibility of the witnesses is entitled to great weight ( see Matter of Bongiorno v. Bongiorno, 1 AD3d 511), and we find no basis to disturb its determination.