Matter of R.H. v. M.C.H.

2025 NY Slip Op 03871

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 26, 2025
• Docket: Docket No. O-8770/20, O-00638/21; Appeal No. 4050; Case No. 2023-06685
• Status: Published

Opinion

Matter of R.H. v M.C.H. (2025 NY Slip Op 03871)

Matter of R.H. v M.C.H.

2025 NY Slip Op 03871

Decided on June 26, 2025

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: June 26, 2025
Before: Renwick, P.J., Kapnick, Shulman, Rodriguez, Rosado, JJ.

Docket No. O-8770/20, O-00638/21|Appeal No. 4050|Case No. 2023-06685|

[*1]In the Matter of R.H., Petitioner-Appellant,

v

M.C.H., Respondent-Respondent.

Geoffrey P. Berman, Larchmont, for appellant.

Philip Katz, New York, attorney for respondent.

  

Order, Family Court, New York County (Jacob K. Maeroff, Ref.), entered on or about December 14, 2023, which, after a fact-finding hearing, dismissed the family offense petition with prejudice, unanimously affirmed, without costs.

 Family Court properly dismissed the petition upon a finding that petitioner failed to establish by a preponderance of the evidence that respondent committed any of the family offenses alleged (see Matter of Dawn Monique W.W. v Melvin Alexander W., 184 AD3d 440, 440 [1st Dept 2020]; Matter of Alexei S. v Michael M., 132 AD3d 466, 467 [1st Dept 2015]). Family Court credited respondent's testimony over petitioner's. The court's credibility determinations are entitled to deference, as its assessments of the parties was based both on its observations of the witnesses and the documentary evidence over the course of the years-long proceeding (see Matter of Sheila M. v Jodeci S., 231 AD3d 519, 520 [1st Dept 2024], lv denied 42 NY3d 912 [2025]; Matter of Any G. v Ayman H., 208 AD3d 1097, 1098 [1st Dept 2022]).

Petitioner's arguments on appeal are unavailing. (see Matter of Geraldine R. v Haile P., 216 AD3d 415, 416 [1st Dept 2023]). Thus, there is no basis to disturb the court's credibility determinations (see Matter of Tawanna R. v Michael E.G., 226 AD3d 524, 525 [1st Dept 2024]; Matter of Katherine J. v Everlene S., 220 AD3d 418, 418 [1st Dept 2023]; Matter of Fatima V. v Ramon V., 100 AD3d 509, 510 [1st Dept 2012]).

We have considered petitioner's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

 ENTERED: June 26, 2025