MATTER OF MARTE v. LASCALA

2012-10463, 2012-10465, 2012-10466, 2012-10469, 2012-10471, 2012-10472 (Docket Nos. O-18401-11, O-18410-11, O-18411-11, O-18412-11, O-18414-11, O-18415-11)

116 A.D.3d 958 (2014)

983 N.Y.S.2d 818

2014 NY Slip Op 2781

In the Matter of LUCIA MARTE, Appellant, v. SALVATORE LASCALA et al., Respondents.

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

Decided April 23, 2014.


Ordered that the orders are affirmed, without costs or disbursements.

A family offense must be established by a fair preponderance of the evidence (see Family Ct Act § 832; Matter of Pearlman v Pearlman, 78 A.D.3d 711, 712 [2010]). "The determination of whether a family offense was committed is a factual issue to be resolved by the [trial] [c]ourt, and that court's determination regarding the credibility of witnesses...

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