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Banks v. Penney-Richards

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 1, 2009

IN RE NICOLE BANKS, PETITIONER-RESPONDENT,
v.
RICHARD PENNEY-RICHARDS, RESPONDENT-APPELLANT.

Order, Family Court, New York County (Myrna Martinez-Perez, J.), entered on or about January 21, 2009, which granted petitioner mother a five-year order of protection upon findings that respondent father committed family offenses including, inter alia, acts constituting assault in the second and third degrees, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Sweeny, Catterson, Freedman, Roman, JJ.

No basis exists to disturb Family Court's findings crediting petitioner's testimony that respondent committed numerous acts of violence against her, some causing her physical injury and in the presence of the child, and warranting a five-year order of protection (see Matter of Melissa Marie G. v John Christopher W., 57 AD3d 314 [2008]; see also Matter of Everett C. v Oneida P., 61 AD3d 489, 489 [2009]; Matter of Hazel P.R. v Paul J.P., 34 AD3d 307 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091201

© 1992-2009 VersusLaw Inc.



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