Matter of Johnson v. Johnson

Summary

The Appellate Division, Second Department, affirmed an order of the Queens County Family Court that denied a family offense petition and dismissed the proceeding. The court held that the petitioner failed to establish by a fair preponderance of the evidence that the respondent committed the alleged family offenses, and it deferred to the Family Court's credibility determination.

Holdings

1. The petitioner failed to establish by a fair preponderance of the evidence that the respondent committed a family offense.
2. The Family Court's credibility determination was supported by the record, and there was no basis to disturb it on appeal.

Questions Presented

1. Whether the petitioner established by a fair preponderance of the evidence that the respondent committed a family offense.
2. Whether the Family Court's factual and credibility determinations were supported by the record and should be disturbed on appeal.

Disposition

affirmed