King v. Flowers

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Queens County (DePhillips, J.), dated February 5, 2004, which, after a hearing, dismissed the petition for an order of protection.

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

The Family Court properly dismissed the petition upon finding that the petitioner failed to establish by a preponderance of the evidence that the respondent committed acts constituting a cognizable family offense (see Family Ct Act § 832). The determination whether the…