Opinion
June 19, 1967
Appeal from order of the Family Court, Kings County, dated January 26, 1967, dismissed as academic, without costs. The papers on appeal disclose that the order of protection appealed from has been superseded by a subsequent order of protection made on proof after a new hearing. However, we voice our disapproval of the informality of the hearing and the insufficiency of the proof supporting the order appealed from. We do not reach the question of whether a series of orders excluding appellant from family and home for almost four years is in effect a judgment of separation, which the Family Court is not empowered to make. Christ, Acting P.J., Rabin, Benjamin, Munder and Nolan, JJ., concur.