This case is being heard in the Appellate Division of the Supreme Court of the State of New York. the petitioner and respondent in this case is Tonya B. The respondent and appellant of the case is Matthew B. A New York Family Lawyer said the order that is being appealed in this case was made in the Bronx County Family Court. Judge Alma Cordova made the original decision in the case. The original order granted a petition for a protection order against the respondent for two years. This was subject to court ordered visitation with the couple’s child.
Court Discussion
When reviewing the case the court finds no reason to disturb the original determination made by the court that the petitioner made a credible testimony stating that the respondent had tried to assault her. The testimony along with photographs of the bruises on her arm supports the findings of attempted assault.
The respondent waived his right to a dispositional hearing and he did not demand or object to the court holding this type of hearing. A Nassau County Family Lawyer said the respondent decided to settle the visitation petition after the court ordered the protection order and over objections made by the petitioner was granted the visitation rights that he requested.
Court Decision
When reviewing the facts of the case there is no evidence to support that the original order be overturned. The testimony and photographic evidence supplied by the petitioner are enough to support the protection order. The original order made in the Bronx County Family Court is affirmed without costs.
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