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In the Matter of DIANE STRULLY, Appellant, v. JEFFREY SCHWARTZ, Respondent.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly dismissed the mother's petition for a permanent order of protection upon determining that she failed to establish by a preponderance of the evidence that the father committed acts constituting the family offenses of harassment in the second degree or assault in the third degree ( see, Family Ct Act § 812, 832 Fam. Ct. Act; Matter of Ross v. Ross, 152 A.D.2d 580). The determination as to whether the father 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 Campbell v. Desir, 251 A.D.2d 402; Matter of Platsky v. Platsky, 237 A.D.2d 610). Its determination was supported by the evidence.

The mother's remaining contentions are without merit.

O'Brien, J. P., Florio, McGinity and Luciano, JJ., concur.

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MATTER OF STRULLY v. SCHWARTZ
(Nov 30, 1998)