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Butler-Moore v. Butler

149 A.D.3d 1070 Court N.Y. App. Div. Decision date 2017-04-26 English

Judges Leventhal, J.P., Hinds-Radix, LaSalle and Brathwaite Nelson, JJ., concur.

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p. 1070
In the Matter of Lizzie Butler-Moore, Appellant, v Nelson C. Butler, Respondent.
[50 NYS3d 887]

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

p. 1071
charged conduct was committed as alleged in the petition (see Family Ct Act § 832; Matter of Batista v Iqbal, 128 AD3d 1063 [2015]; Matter of Cole v Muirhead, 125 AD3d 964 [2015]; Matter of Cassie v Cassie, 109 AD3d 337 , 340 [2013]). 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 [2017]; Matter of Davis v Wright, 140 AD3d 753 , 754 [2016]; Matter of Batista v Iqbal, 128 AD3d at 1063-1064 ; Matter of Bah v Bah, 112 AD3d 921 , 922 [2013]). 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.

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