| Matter of Tonya B. v Matthew B. |
| 2011 NY Slip Op 08829 [90 AD3d 463] |
| Dcmbr 8, 2011 |
| Appellate Division, First Department |
| In the Matter of Tonya B., Respondent, v Matthew B.,Appellant. |
—[*1] 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 ofattempted assault, granted the petition for an order of protection against respondent for two yearssubject 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 thatrespondent attempted to assault her (seeMatter of Everett C. v Oneida P., 61 AD3d 489 [2009]). Her testimony and thephotographs of the bruises on her arm support the finding of attempted assault by a fairpreponderance of the evidence (Family Ct Act §§ 812, 832).
Respondent waived his right to a dispositional hearing, as he did not demand, or object to thecourt'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 his visitation petition immediately after the court granted the stayaway order and, over petitioner's objection, was granted the requested visitation rights. Noapparent purpose would be achieved in convening a disposition hearing, given that respondentwas granted liberal visitation rights, and the order of protection requires that he stay away onlyfrom petitioner, and not his child (see id.). Concur—Andrias, J.P., Saxe, Sweeny,Acosta and Manzanet-Daniels, JJ.