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Exum v. Sims

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1998
254 A.D.2d 178 (N.Y. App. Div. 1998)

Opinion

October 22, 1998

Appeal from the Family Court, New York County (Richard Ross, J.).


Since petitioner has evidently failed to file a notice of appeal as to the subject order, this Court is without jurisdiction to review that order ( Matter of Winans v. Manz, 54 A.D.2d 597). In any event, since the final order of protection, dated August 12, 1997, expired on August 11, 1998, and was not extended, this appeal, even if jurisdictionally proper, would be dismissible for mootness since its determination would not affect the rights of the parties ( Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 713-714; Matter of Greene v. Greene, 216 A.D.2d 393), or have enduring consequences. In this last connection, we note that Family Court never made a determination that petitioner committed a family offense ( compare, e.g., Matter of Cindy L. S. v. David L. S., 247 A.D.2d 543).

Concur — Milonas, J. P., Williams, Andrias and Saxe, JJ.


Summaries of

Exum v. Sims

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1998
254 A.D.2d 178 (N.Y. App. Div. 1998)
Case details for

Exum v. Sims

Case Details

Full title:In the Matter of BARBARA EXUM, Respondent, v. SIDNEY SIMS, Appellant

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

Date published: Oct 22, 1998

Citations

254 A.D.2d 178 (N.Y. App. Div. 1998)
679 N.Y.S.2d 300

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