Opinion
2018–05298 Docket No. O-2129-16
05-15-2019
In the Matter of Selena S. BARTON, etc., Respondent, v. Jimmy MONTERO, Jr., Appellant.
Gary E. Eisenberg, New City, NY, for appellant. Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for respondent. Carl D. Birman, White Plains, NY, attorney for the child.
Gary E. Eisenberg, New City, NY, for appellant.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for respondent.
Carl D. Birman, White Plains, NY, attorney for the child.
WILLIAM F. MASTRO, J.P. REINALDO E. RIVERA RUTH C. BALKIN JOSEPH J. MALTESE, JJ.
DECISION & ORDERIn a proceeding pursuant to Family Court Act article 8, the father appeals from an order of protection of the Family Court, Dutchess County (Joseph A. Egitto, J.), dated April 9, 2018. The order of protection, upon granting the mother's motion to extend a prior order of protection of the same court dated October 18, 2016, directed the father, inter alia, to stay away from the parties' child until and including April 9, 2019.
ORDERED that the appeal from the order of protection dated April 9, 2018, is dismissed as academic, without costs or disbursements.
In this family offense proceeding, the Family Court issued a stay-away order of protection dated October 18, 2016, against the father, upon his consent and without any admission on his part, in favor of the parties' child. Subsequently, the mother moved to extend the order of protection dated October 18, 2016. On April 9, 2018, upon granting the mother's motion to extend the prior order of protection, the Family Court directed the father, inter alia, to stay away from the child until and including April 9, 2019. The father appeals from the order of protection dated April 9, 2018.The appeal must be dismissed, as the order of protection dated April 9, 2018, has expired by its terms and imposes no enduring consequences on the father (see Matter of Hannah T.R. [Soya R.], 145 A.D.3d 1012, 1013, 42 N.Y.S.3d 850 ; Matter of Baby Boy D. [Adanna C.], 127 A.D.3d 1079, 9 N.Y.S.3d 73 ; cf. Matter of Veronica P. v. Radcliff A., 24 N.Y.3d 668, 3 N.Y.S.3d 288, 26 N.E.3d 1143 ).
MASTRO, J.P., RIVERA, BALKIN and MALTESE, JJ., concur.