MATTER OF EVERETT C. v. ONEIDA P.


61 A.D.3d 489 (2009)

878 N.Y.S.2d 301

In the Matter of EVERETT C., Appellant, v. ONEIDA P., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 14, 2009.


To support a finding that a respondent has committed a family offense, a petitioner must prove his allegations by a fair preponderance of the evidence (Family Ct Act § 832; Matter of Melissa Marie G. v John Christopher W., 57 A.D.3d 314 [2008]). A hearing court's determination is entitled to great deference because it has the best vantage point for evaluating the credibility of the witnesses, and its determination should not...

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