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Melissa Marie G. v. John Christopher W.Melissa Marie G. v. John Christopher W.

Appellate Division of the Supreme Court of the State of New York
Dec 16, 2008
Versions:57 A.D.3d 314
869 N.Y.2d 81

A preponderance of the evidence (Family Ct Act § 832) supports Family Court’s findings that respondent committed acts constituting the family offenses of assault in the third degree, attempted assault in the third degree, menacing in the third degree, and harassment in the second degree (Family Ct Act § 812), and that such acts caused petitioner physical injury warranting a five-year order of protection (Family Ct Act §§ 842, 827 [a] [vii]). No basis exists to disturb the court’s findings of credibility (see Matter of Hunt v Hunt, 51 AD3d 924, 925 [2008]). While it was not an improper exercise of discretion to permit petitioner’s rebuttal witness to contradict respondent’s testimony about a collateral matter, even if it were, the error was harmless since the rebuttal testimony did not directly implicate respondent in the alleged family offenses (see People v Lucas, 160 AD2d 330 [1990], lv denied 76 NY2d 860 [1990]).

Case Details

Case Name: Melissa Marie G. v. John Christopher W.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 16, 2008
Citations: 57 A.D.3d 314; 869 N.Y.2d 81
Court Abbreviation: N.Y. App. Div.
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