Aissatou D. v. Mamadou D. — 137 A.D.3d 599

Majority

p. 599

In the Matter of Aissatou D., Appellant, v Mamadou D., Respondent.

[26 NYS3d 700]

Order, Family Court, New York County (Fiordaliza A. Rodriguez, Special Ref.), entered on or about February 10, 2015, which, after a fact-finding hearing, dismissed petitioner mother’s family offense petition, unanimously affirmed, without costs.

Family Court’s determination that the mother failed to establish, by a fair preponderance of the evidence, that respondent father had committed acts warranting an order of protection, has a sound and substantial basis in the record (Matter of

p. 600

Everett C. v Oneida P., 61 AD3d 489 , 489 [1st Dept 2009]; Family Ct Act § 812 [1]; Penal Law §§ 240.26 [3]; 240.30 [2]). Family Court’s finding that the father’s testimony was more credible than the mother’s is entitled to great deference, and will not be disturbed on appeal ( 61 AD3d at 489 ). We have considered the mother’s argument that she is entitled to a de novo review, and find it unavailing.

Concur—Sweeny, J.P., Renwick, Moskowitz and Gische, JJ.