Opinion
2011-10-27
In re ANALUISA P., Petitioner–Respondent,v.WARNELL H., Respondent–Appellant.
Kenneth M. Tuccillo, Hastings–on–Hudson, for appellant.Dora M. Lassinger, East Rockaway, for respondent.
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.
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 [2009], lv. dismissed 14 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 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[1]; Penal Law § 240.20). There is no basis to disturb the court's credibility determinations ( Matter of F.B. v. W.B., 248 A.D.2d 119, 669 N.Y.S.2d 551 [1998] ).
ANDRIAS, J.P., SWEENY, ACOSTA, FREEDMAN, MANZANET–DANIELS, JJ., concur.