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In re Draven

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 2008
52 A.D.3d 704 (N.Y. App. Div. 2008)

Opinion

No. 2007-07162.

June 17, 2008.

In a proceeding pursuant to Family Court Act article 10, the father appeals, as limited by his brief, from so much of an order of the Family Court, Kings County (Lim, J.), dated July 13, 2007, as denied his motion to vacate an order of protection of the same court dated April 20, 2007, directing him, inter alia, to stay away from the mother and subject child for a period of one year.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B. Morris of counsel), for respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel), attorney for the child.

Before: Mastro, J.P., Ritter, Carni and Eng, JJ.


Ordered that the appeal from the order is dismissed as academic, without costs or disbursements.

The only issue raised by the appellant concerns the denial of his motion to vacate the order of protection, which expired by its own terms on April 23, 2008. Under the facts of this case, the issuance of the order of protection did not constitute a permanent and significant stigma which might indirectly affect the appellant's status in potential future proceedings ( see Matter of Aaron H., 33 AD3d 1000; Matter of Melikishvili v Grigolava, 20 AD3d 569, 570; Matter of Virginia P., 8 AD3d 389, 390). Accordingly, the appeal has been rendered academic.


Summaries of

In re Draven

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 2008
52 A.D.3d 704 (N.Y. App. Div. 2008)
Case details for

In re Draven

Case Details

Full title:In the Matter of DRAVEN B. ADMINISTRATION FOR CHILDREN'S SERVICES…

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

Date published: Jun 17, 2008

Citations

52 A.D.3d 704 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 5691
858 N.Y.S.2d 915

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