Opinion
5863.
Decided on October 27, 2011.
Appeal from order, Family Court, Bronx County (Alma Cordova, J.), entered on or about February 25, 2010, which, after a fact-finding hearing, granted petitioner an order of protection for one year, unanimously dismissed as moot, without costs.
Kenneth M. Tuccillo, Hastings-on-Hudson, for appellant.
Dora M. Lassinger, East Rockaway, for respondent.
Andrias, J.P., Sweeny, Acosta, Freedman, Manzanet-Daniels, JJ.
Because the order of protection has expired, this appeal is moot ( see Matter of Diallo v Diallo , 68 AD3d 411, lv dismissed 14 NY3d 854). Were we to reach the merits, we would find that a fair preponderance of the evidence (Family Ct Act § 832), including the testimony of petitioner and a school district guard, supports the court's finding that, on the day at issue, respondent committed acts that constituted the family offense of disorderly conduct (Family Ct Act § 812; Penal Law § 240.20). There is no basis to disturb the court's credibility determinations ( Matter of F.B. v W.B., 248 AD2d 119).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.