| Matter of Butler-Moore v Butler |
| 2017 NY Slip Op 03172 |
| Decided on April 26, 2017 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on April 26, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
2016-04896
(Docket No. O-4554-15)
v
Nelson C. Butler, respondent.
Michael A. Fiechter, Bellmore, NY, for appellant.
Gerard P. Nolan, Brooklyn, NY, for respondent.
DECISION & ORDER
Appeal by the petitioner from an order of the Family Court, Kings County (Maria Arias, J.), dated April 15, 2016. The order, after a hearing, in effect, denied the petition and dismissed the proceeding.
ORDERED that the order is affirmed, without costs or disbursements.
The petitioner commenced this proceeding pursuant to Family Court Act article 8 alleging that the respondent, her son, committed various family offenses against her. After a hearing, the Family Court, in effect, denied the petition and dismissed the proceeding.
At a fact-finding hearing to determine whether a family offense has been committed, the petitioner has the burden of establishing, by a preponderance of the evidence, that the charged conduct was committed as alleged in the petition (see Family Ct Act § 832; Matter of Batista v Iqbal, 128 AD3d 1063; Matter of Cole v Muirhead, 125 AD3d 964; Matter of Cassie v Cassie, 109 AD3d 337, 340). Here, the petitioner failed to establish, by a fair preponderance of the evidence, that the respondent committed any of the family offenses alleged in the petition (see Matter of Johnson v Johnson, 146 AD3d 954; Matter of Davis v Wright, 140 AD3d 753, 754; Matter of Batista v Iqbal, 128 AD3d at 1063-1064; Matter of Bah v Bah, 112 AD3d 921, 922). Accordingly, the Family Court properly, in effect, denied the petition and dismissed the proceeding.
LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court