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Matter of Shevlin v. Minas

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1998
253 A.D.2d 435 (N.Y. App. Div. 1998)

Opinion

August 3, 1998

Appeal from the Family Court, Suffolk County (Snellenburg, J.).


Ordered that the order is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

Although the order of protection has expired, we decline to dismiss the appeal as academic because "of the enduring consequences which may potentially flow from an adjudication that a party has committed a family offense" ( Matter of Cutrone v. Cutrone, 225 A.D.2d 767, 768; see also, Matter of Commissioner of Social Servs. [Monique W.] v. Kim G., 240 A.D.2d 664). The Family Court erred in failing to conduct a fact-finding hearing pursuant to Family Court Act § 832 Fam. Ct. Act and a dispositional hearing pursuant to Family Court Act § 833 Fam. Ct. Act before issuing a permanent order of protection ( see, Matter of Alice C. v. Joseph C., 212 A.D.2d 698; Matter of Muldrew v. Mixon, 237 A.D.2d 942).

O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.


Summaries of

Matter of Shevlin v. Minas

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1998
253 A.D.2d 435 (N.Y. App. Div. 1998)
Case details for

Matter of Shevlin v. Minas

Case Details

Full title:In the Matter of KELLY SHEVLIN, Respondent, v. ANDREW MINAS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 3, 1998

Citations

253 A.D.2d 435 (N.Y. App. Div. 1998)
675 N.Y.S.2d 897

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