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Matter of Nagengast v. Kostas

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 489 (N.Y. App. Div. 2000)

Opinion

Submitted September 5, 2000

October 2, 2000.

In a family offense proceeding pursuant to Family Court Act article 8, the appeal is from an order of the Family Court, Suffolk County (Kent, J.), entered June 29, 1998, which granted the petition for an order of protection.

Del Atwell, Montauk, N.Y., for appellant.

Before: LAWRENCE J. BRACKEN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that so much of the order as found that the appellant committed a family offense is affirmed, and the appeal is otherwise dismissed as academic, without costs or disbursements.

The appeal from the decretal provisions of the order of protection has been rendered academic by the passing of the time limit contained therein. Moreover, the expiration of the order of protection renders academic the appellant's challenge to the dispositional proceedings (see, Matter of Alice C. v. Joseph C., 212 A.D.2d 698; Matter of Campbell v. Desir, 251 A.D.2d 402; Matter of Platsky v. Platsky, 237 A.D.2d 610). However, "in light of the enduring consequences which may potentially flow from an adjudication that a party has committed a family offense", the appeal from so much of the order as made that adjudication is not academic (Matter of Cutrone v. Cutrone, 225 A.D.2d 767, 768). Review of the record reveals no basis to disturb the Family Court's resolution of disputed issues of fact and credibility made after a hearing on the question of whether the appellant committed a family offense (see, Matter of Campbell v. Desir, supra; Matter of Platsky v. Platsky, supra; Matter of Cutrone v. Cutrone, 225 A.D.2d 767).

The appellant's remaining contention is without merit.


Summaries of

Matter of Nagengast v. Kostas

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 489 (N.Y. App. Div. 2000)
Case details for

Matter of Nagengast v. Kostas

Case Details

Full title:IN THE MATTER OF LAURA NAGENGAST, RESPONDENT, v. LENNY KOSTAS, APPELLANT

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

Date published: Oct 2, 2000

Citations

276 A.D.2d 489 (N.Y. App. Div. 2000)
713 N.Y.S.2d 877

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