From Casetext: Smarter Legal Research

Matter of Muldavin v. Muldavin

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1998
248 A.D.2d 209 (N.Y. App. Div. 1998)

Opinion

March 12, 1998

Appeal from the Family Court, New York County (Richard Ross, J.).


Family Court found that respondent's conduct, specifically, throwing a cup of coffee at petitioner, threatening to strike her with a cane, choking her, striking her, and grabbing her neck while threatening to kill her, justified entry of the subject order of protection. We agree ( see, Matter of Quintana v. Quintana, 237 A.D.2d 130). Family Court's factual and credibility findings are entitled to deference ( Matter of Cutrone v. Cutrone, 225 A.D.2d 767), and are, in any case, well supported by the hearing record. Nor, contrary to respondent's assertion, did the court violate respondent's due process right to a full and fair hearing by imposing limits on respondent's counsel during his cross-examination of petitioner. The court properly exercised its discretion in controlling the nature and extent of that cross-examination ( see, People v. Schwartzman, 24 N.Y.2d 241, 244).

We have examined respondent's remaining contentions and find them to be without merit.

Concur — Ellerin, J. P., Nardelli, Williams and Mazzarelli, JJ.


Summaries of

Matter of Muldavin v. Muldavin

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1998
248 A.D.2d 209 (N.Y. App. Div. 1998)
Case details for

Matter of Muldavin v. Muldavin

Case Details

Full title:In the Matter of EVANY MULDAVIN, Respondent, v. JOSEPH MULDAVIN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 12, 1998

Citations

248 A.D.2d 209 (N.Y. App. Div. 1998)
670 N.Y.S.2d 24

Citing Cases

Ylein S. v. N.Y. Foundling Hosp. (In re Elizabeth H.)

Contrary to the mother's argument, the court reasonably exercised it discretion in limiting cross-examination…

Matter of Tracy L. v. Herman L

We see no basis to disturb Family Court's finding that respondent physically assaulted his wife. Family…