Legal Opinion

Bessent v. Bessent

Appellate Division of the Supreme Court of the State of New York

Decided January 29, 2014Published

1Opinion of the Court

A family offense must be established by a fair preponderance of the evidence (see Family Ct Act § 832; Matter of Pearlman v Pearlman, 78 AD3d 711, 712 [2010]). “The determination of whether a family offense was committed is a factual issue to be resolved by the [trial] [c]ourt, and that court’s determination regarding the credibility of witnesses is entitled to great weight on appeal and will not be disturbed if supported by the record” (Matter of Richardson v Richardson, 80 AD3d 32, 43-44 [2010]; see Matter of King v Edwards, 92 AD3d 783 [2012]).

Here, a fair preponderance of the credible…

2Cases cited6 opinions

  1. Richardson v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2010
  2. Pearlman v. PearlmanAppellate Division of the Supreme Court of the State of New York · 2010
  3. Salazar v. MelendezAppellate Division of the Supreme Court of the State of New York · 2012
  4. Cavanaugh v. MaddenAppellate Division of the Supreme Court of the State of New York · 2002
  5. Czop v. CzopAppellate Division of the Supreme Court of the State of New York · 2005

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