Matter of Kenneth Shaw v. Trevor Shaw

Summary

The Appellate Division, Second Department affirmed an order of the Family Court, Kings County, that denied a Family Court Act article 8 petition and dismissed the proceeding. The court held that the petitioner failed to establish by a fair preponderance of the evidence that his brother committed a family offense and declined to disturb the Family Court's credibility determination.

Holdings

1. The petitioner failed to establish by a fair preponderance of the evidence that his brother committed a family offense, and the Family Court's determination was supported by the record.
2. The Family Court's credibility determination was entitled to great weight and provided no basis for appellate disturbance because it was not clearly unsupported by the record.

Questions Presented

1. Whether the Family Court's determination that the petitioner failed to prove by a fair preponderance of the evidence that the respondent committed a family offense was supported by the record.
2. Whether the Family Court's credibility determination should be disturbed on appeal.

Disposition

affirmed