Matter of E.O. v. O.O.

Summary

The Appellate Division, First Department unanimously affirmed the dismissal of a family offense petition and the vacatur of a temporary order of protection. The court held that petitioner failed to establish by a fair preponderance of the evidence that respondent committed acts warranting an order of protection and found no basis to disturb the lower court's credibility determinations.

Holdings

1. Family Court properly dismissed the petition because petitioner failed to establish by a fair preponderance of the evidence that respondent committed any acts warranting an order of protection in petitioner's favor.
2. The Appellate Division found no basis to disturb Family Court's finding that respondent was more credible than petitioner.

Questions Presented

1. Whether Family Court properly dismissed the family offense petition for failure to prove by a fair preponderance of the evidence that respondent committed a qualifying family offense or acts warranting an order of protection.
2. Whether the Appellate Division had a basis to disturb Family Court's credibility determination favoring respondent over petitioner.

Disposition

affirmed