Matter of Batista v Iqbal, 2015 NY Slip Op 04482 [128 AD3d 1063]

May 27, 2015

Appellate Division, Second Department

[*1]

In the Matter of Nancy Batista, Appellant,

v

Saleem Iqbal, Respondent.

Stewart N. Altman, Mineola, N.Y., for appellant.

Steven P. Forbes, Jamaica, N.Y., for respondent.

Appeal from an order of the Family Court, Queens County (Anne-Marie Jolly, J.), dated September 29, 2014. The order, after a hearing, denied the family offense petition for failure to prove a family offense by a preponderance of the evidence, and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

At a fact-finding hearing pursuant to Family Court Act article 8 to determine whether a family offense has been committed, the petitioner has the burden of establishing, by a fair preponderance of the evidence, that the charged conduct was committed as alleged in the petition ( see Family Ct Act § 832; Matter of Cole v Muirhead , 125 AD3d 964 [2015]; Matter of Cassie v Cassie , 109 AD3d 337 , 340 [2013]; Matter of Testa v Strickland , 99 AD3d 917 , 917 [2012]).

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 Bah v Bah , 112 AD3d 921 [2013]; Matter of Cassie v Cassie , 109 AD3d 337 [2013]; Matter of Ungar v Ungar , 80 AD3d 771 [2011]; see also Matter of Laplante v Laplante , 70 AD3d 1039 [2010]). Accordingly, the Family Court properly denied the petition and dismissed the proceeding. Mastro, J.P., Balkin, Sgroi and Duffy, JJ., concur..