In Seamon v. Coccoma, 281 A.D.2d 824, 825, 721. N.Y.S.2d 884 [2001], the petitioner's father filed a felony complaint charging the petitioner with assault in the second degree and a family offense petition, the latter of which resulted in a temporary order of protection.

The father subsequently withdrew the family offense petition and the criminal charges were dismissed on the motion of the District Attorney. At the revocation hearing he testified that he "accidentally walked into a stick that petitioner had tossed into the air."

The Court found there was no basis to disturb respondent's rejection of the oral testimony of petitioner's father at the hearing portraying the altercation "as much more benign than depicted in his sworn statements at the time of the altercation" (Seamon, supra, at p. 825).