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MATTER OF HOSONO D. v. GEORGE D.

579.

137 A.D.3d 631 (2016)

28 N.Y.S.3d 49

2016 NY Slip Op 02141

In the Matter of CHIGUSA HOSONO D., Respondent, v. JASON GEORGE D., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 24, 2016.

The Referee erred in determining that respondent's actions constituted the family offense of assault in the second degree, because there is no evidence in the record that he caused petitioner to suffer a serious physical injury (see Penal Law §§ 120.05 [1]; 10.00 [10]; and see People v Snipes, 112 A.D.2d 810, 811 [1st Dept 1985]). Nor does the record establish that respondent caused petitioner to suffer physical...

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