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IN RE: Proceeding, etc., Family Court Act, Evany MULDAVIN, Petitioner-Respondent, v. Joseph MULDAVIN, Respondent-Appellant.
Order, Family Court, New York County (Richard Ross, J.), entered on or about January 30, 1997, which, after a hearing, granted petitioner wife's application for an order of protection, inter alia, directing respondent husband to stay away from petitioner and the marital residence for 1 year, unanimously affirmed, without costs.
Family Court found that respondent's conduct, specifically, throwing a cup of coffee at petitioner, threatening to strike her with a cane, choking her, striking her, and grabbing her neck while threatening to kill her, justified entry of the subject order of protection. We agree (see, Quintana v. Quintana, 237 A.D.2d 130, 654 N.Y.S.2d 27). Family Court's factual and credibility findings are entitled to deference (Cutrone v. Cutrone, 225 A.D.2d 767, 640 N.Y.S.2d 568), and are, in any case, well supported by the hearing record. Nor, contrary to respondent's assertion, did the court violate respondent's due process right to a full and fair hearing by imposing limits on respondent's counsel during his cross-examination of petitioner. The court properly exercised its discretion in controlling the nature and extent of that cross-examination (see, People v. Schwartzman, 24 N.Y.2d 241, 244, 299 N.Y.S.2d 817, 247 N.E.2d 642).
We have examined respondent's remaining contentions and find them to be without merit.
MEMORANDUM DECISION.
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Decided: March 12, 1998
Court: Supreme Court, Appellate Division, First Department, New York.
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