Opinion
2011-12-8
In re TONYA B., Petitioner–Respondent, v. MATTHEW B., Respondent–Appellant.
Elisa Barnes, New York, for appellant. Dora M. Lassinger, East Rockaway, for respondent.
Elisa Barnes, New York, for appellant. Dora M. Lassinger, East Rockaway, for respondent.
Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about December 17, 2009, which, upon a finding that respondent Matthew B. committed the family offense of attempted assault, granted the petition for an order of protection against respondent for two years subject to court-ordered visitation with the parties' child, unanimously affirmed, without costs.
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 A.D.3d 489, 878 N.Y.S.2d 301 [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 Court 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 A.D.3d 307, 824 N.Y.S.2d 628 [2006] ). Rather, respondent proceeded to settle his visitation petition immediately after the court granted the stay away order and, over petitioner's objection, was granted the requested visitation rights. No apparent purpose would be achieved in convening a disposition hearing, given that respondent was granted liberal visitation rights, and the order of protection requires that he stay away only from petitioner, and not his child ( see id.).