The court properly dismissed the petition where the evidence failed to establish by a fair preponderance thereof that respondent committed acts that would constitute assault in the third degree during an incident where the parties' five-year-old son would not willingly attend a weekend visit with petitioner (see Family Ct Act § 812 [1]; § 832; Penal Law § 120.00). There exists no basis upon which to disturb the court's credibility determinations (
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MATTER OF PETER G. v. KARLEEN K.
51 A.D.3d 541 (2008)
856 N.Y.S.2d 859
In the Matter of PETER G., Appellant, v. KARLEEN K., Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 22, 2008.
Decided May 22, 2008.
Appellate Division of the Supreme Court of the State of New York, First Department.
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