Legal Opinion
Tonya B. v. Matthew B.
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 2011PublishedCited by 6 opinions
1Opinion of the Court
There exists no basis to disturb the court’s determination that petitioner credibly testified that respondent attempted to assault her (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]). Her testimony and the photographs of the bruises on her arm support the finding of attempted assault by a fair preponderance of the evidence (Family Ct Act §§ 812, 832).
Respondent waived his right to a dispositional hearing, as he did not demand, or object to the court’s failure to hold, such a hearing (see Matter of Hazel P.R. v Paul J.P., 34 AD3d 307 [2006]). Rather, respondent proceeded to settle…
2Cases cited2 opinions
- Everett C. v. Oneida P.Appellate Division of the Supreme Court of the State of New York · 2009
- Hazel P.R. v. Paul J.P.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by6 opinions
- Marisela N. v. Lacy M.S.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of Onealyah M. v. Michael G.E.Appellate Division of the Supreme Court of the State of New York · 2024
- Matter of Onealyah M. v. Michael G.E.Appellate Division of the Supreme Court of the State of New York · 2024
- Marisela N. v. Lacy M.S.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of Rosa N. v. Luis F.Appellate Division of the Supreme Court of the State of New York · 2018
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