| Matter of Melissa Marie G. v John Christopher W. |
| 2008 NY Slip Op 09831 [57 AD3d 314] |
| December 16, 2008 |
| Appellate Division, First Department |
| In the Matter of Melissa Marie G., Respondent, v JohnChristopher W., Appellant. |
—[*1] Steven N. Feinman, White Plains, for respondent.
Order of protection, Family Court, New York County (Karen I. Lupuloff, J.), entered on orabout April 17, 2007, directing respondent, inter alia, to stay away from petitioner, and to stayaway from the parties' child except for court-ordered visitation, both for a period of five years,unanimously affirmed, without costs.
A preponderance of the evidence (Family Ct Act § 832) supports Family Court'sfindings that respondent committed acts constituting the family offenses of assault in the thirddegree, attempted assault in the third degree, menacing in the third degree, and harassment in thesecond degree (Family Ct Act § 812), and that such acts caused petitioner physical injurywarranting a five-year order of protection (Family Ct Act §§ 842, 827 [a] [vii]). Nobasis exists to disturb the court's findings of credibility (see Matter of Hunt v Hunt, 51 AD3d 924, 925 [2008]). While itwas not an improper exercise of discretion to permit petitioner's rebuttal witness to contradictrespondent's testimony about a collateral matter, even if it were, the error was harmless since therebuttal testimony did not directly implicate respondent in the alleged family offenses (seePeople v Lucas, 160 AD2d 330 [1990], lv denied 76 NY2d 860 [1990]).Concur—Andrias, J.P., Nardelli, Sweeny, DeGrasse and Freedman, JJ.