Hyperlawhypertext legal database Dennis S. v. Tanya P. 146 A.D.3d 621

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Dennis S. v. Tanya P.

146 A.D.3d 621 Court N.Y. App. Div. Decision date 2017-01-19 English

Judges Concur — Friedman, J.P., Renwick, Richter, Moskowitz and Kapnick, JJ.

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p. 621
In the Matter of Dennis S., Respondent, v Tanya P., Appellant.
[44 NYS3d 753]

Order, Family Court, Bronx County (Bonnie Cohen-Gallet, Ref.), entered on or about May 30, 2014, which, upon a finding that respondent had committed acts constituting numerous family offenses, granted petitioner a one-year order of protection against respondent, unanimously affirmed, without costs.

A fair preponderance of the evidence included in the appellate record supports the court’s finding that respondent com

p. 622
mitted acts constituting the family offense of attempted assault in the third degree (see Penal Law §§ 110.00, 120.00). There is no basis to disturb the court’s credibility determinations (see e.g. Matter of Marisela N. v Lacy M.S., 101 AD3d 425 [1st Dept 2012]).

We do not address whether respondent’s actions constitute any further family offenses, in light of the incomplete record on appeal.

Concur — Friedman, J.P., Renwick, Richter, Moskowitz and Kapnick, JJ.

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