IN THE MATTER OF KING v. FLOWERS


13 A.D.3d 629 (2004)

786 N.Y.S.2d 345

In the Matter of EVA M. KING, Appellant, v. RAMEL FLOWERS, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 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 § 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...

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