Opinion
October 2, 1998
Appeal from Order of Erie County Family Court, Rosa, J. — Visitation.
Present — Pine, J. P., Lawton, Hayes, Callahan and Fallon, JJ.
Order unanimously affirmed without costs. Memorandum: There is no merit to the contention of respondent that the record fails to establish a proper and, informed waiver of his right to. counsel. Respondent knowingly, intelligently and voluntarily waived his right to counsel and chose to represent himself ( see, Matter of F. Children, 199 A.D.2d 81). In any event, the order of protection by its terms expired on January 17, 1998, and thus this issue is moot ( see, Matter of Dean v. Dean, 208 A.D.2d 1030, 1031; Matter of Jafri v. Jafri, 203 A.D.2d 648).
We further conclude that respondent received a fair trial on the issue of visitation, and the court properly determined, based upon a first-hand assessment of the credibility of the witnesses, that the best interests of the children would be served by directing that respondent have supervised visitation with his children through the Salvation Army Visitation Program ( see, Matter of Samuel L. J. v. Sherry H., 206 A.D.2d 886, lv denied 84 N.Y.2d 810). Respondent's contention that the court erred in admitting evidence of prior arrests and bad acts is not preserved for our review. Furthermore, because this matter was tried without a jury, we presume that the court relied only upon competent evidence in reaching its decision ( see, Matter of Rita VV., 209 A.D.2d 866, 868, lv denied 85 N.Y.2d 811; People v. Arnold, 188 A.D.2d 1020, 1021, lv denied 81 N.Y.2d 836).