Opinion
2012-10-18
In re YAJAIRA J.L., Petitioner–Respondent, v. ROBERT BRUCE SCOTT L., Respondent–Appellant.
Daniel R. Katz, New York, for appellant. Karen P. Simmons, The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), attorney for the child.
Daniel R. Katz, New York, for appellant. Karen P. Simmons, The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), attorney for the child.
FRIEDMAN, J.P., MOSKOWITZ, FREEDMAN, RICHTER, ABDUS–SALAAM, JJ.
Appeal from order, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 6, 2010, which, after a fact-finding hearing, granted petitioner an order of protection for two years, unanimously dismissed as moot, without costs.
Because the order of protection has expired, this appeal is moot ( see Matter of Diallo v. Diallo, 68 A.D.3d 411, 888 N.Y.S.2d 744 [1st Dept.2009],lv. dismissed14 N.Y.3d 854, 901 N.Y.S.2d 135, 927 N.E.2d 556 [2010] ). Were we to reach the merits, we would find that a fair preponderance of the evidence (Family Ct. Act § 832), including petitioner's testimony, supports the court's finding that respondent committed acts that constitute the family offenses of harassment and attempted assault ( see Penal Law §§ 110.10/120.05; 240.25; 240.26[1], [3] ), warranting the issuance of an order of protection ( seeFamily Ct. Act § 812[1] ). There is no basis to disturb the court's credibility determinations ( see Matter of F.B. v. W.B., 248 A.D.2d 119, 669 N.Y.S.2d 551 [1st Dept.1998] ).