Tonya B. v. Matthew B., 90 A.D.3d 463 (N.Y. App. Div. 2011). · Go Syfert
Tonya B. v. Matthew B., 90 A.D.3d 463 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Onealyah M. v. Michael G.E.
N.Y. App. Div. · 2024 · confidence medium
Petitioner waived any complaint about the manner in which the hearing was conducted by willingly participating in the hearing without objection ( see Matter of Tonya B. v Matthew B., 90 AD3d 463, 463-464 [1st Dept 2011]).
discussed Cited as authority (rule) Matter of Onealyah M. v. Michael G.E.
N.Y. App. Div. · 2024 · confidence medium
Petitioner waived any complaint about the manner in which the hearing was conducted by willingly participating in the hearing without objection ( see Matter of Tonya B. v Matthew B., 90 AD3d 463, 463-464 [1st Dept 2011]).
cited Cited as authority (rule) Marisela N. v. Lacy M.S.
N.Y. App. Div. · 2012 · confidence medium
In addition, respondent never demanded, or objected to the lack of, such a hearing (see Matter of Tonya B. v Matthew B., 90 AD3d 463, 463 [1st Dept 2011]).
cited Cited as authority (rule) Marisela N. v. Lacy M.S.
N.Y. App. Div. · 2012 · confidence medium
In addition, respondent never demanded, or objected to the lack of, such a hearing (see Matter of Tonya B. v Matthew B., 90 AD3d 463, 463 [1st Dept 2011]).
Retrieving the full opinion text from the archive…
In the Matter of Tonya B.
v.
Matthew B.
Appellate Division of the Supreme Court of the State of New York.
Dec 8, 2011.
90 A.D.3d 463
Cited by 5 opinions  |  Published

There exists no basis to disturb the court’s determination that petitioner credibly testified that respondent attempted to assault her (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]). Her testimony and the photographs of the bruises on her arm support the finding of attempted assault by a fair preponderance of the evidence (Family Ct Act §§ 812, 832).

Respondent waived his right to a dispositional hearing, as he did not demand, or object to the court’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 stay away order and, over petitioner’s objection, was granted the requested visitation rights. No apparent purpose would be achieved in convening a disposition hearing, given that respondent was[*464] granted liberal visitation rights, and the order of protection requires that he stay away only from petitioner, and not his child (see id.). Concur — Andrias, J.E, Saxe, Sweeny, Acosta and Manzanet-Daniels, JJ.