Matter of Banks v Penney-Richards

Matter of Banks v Penney-Richards 2009 NY Slip Op 08884 [68 AD3d 419] December 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Nicole Banks, Respondent,
v
Richard Penney-Richards, Appellant.

—[*1] Julian A. Hertz, Larchmont, for appellant.

Jenner & Block LLP, New York (Tarsha A. Phillibert of counsel), for respondent.

Karen P. Simmons, The Children's Law Center, Brooklyn (Barbara H. Dildine of counsel), Law Guardian.

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.

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 [2009]; Matter of Hazel P.R. v Paul J.P., 34 AD3d 307 [2006]). Concur—Mazzarelli, J.P., Sweeny, Catterson, Freedman and Roman, JJ.