Opinion
November 24, 1997
Appeal from the Family Court, Suffolk County (Freundlich, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, the cross motion is granted, and the petitions are dismissed.
The Family Court erred in denying the father's cross motion to dismiss the subject petitions since the Family Court had previously vacated the order of protection dated May 20, 1993, upon which the petitions were predicated, and this Court subsequently dismissed as academic the appeal from that order ( see, Matter of Frances K. v. Christopher T., 220 A.D.2d 422; see also, United States v. Pink, 36 N.Y.S.2d 961).
The father's remaining contentions are either without merit or academic in light of our determination.
Pizzuto, J. P., Santucci, Joy and Florio, JJ., concur.