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MATTER OF TONYA B. v. MATTHEW B.

6263

90 A.D.3d 463 (2011)

933 N.Y.S.2d 864

2011 NY Slip Op 8829

In the Matter of TONYA B., Respondent, v. MATTHEW B., Appellant.

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

Decided December 8, 2011.

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 [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...

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