Opinion
April 19, 1999
Appeal from the Supreme Court, Nassau County (Winick, J.).
Ordered that the appeals from the orders dated September 9, 1996, and January 6, 1997, are dismissed, without costs or disbursements, as those orders were superseded by the order dated March 13, 1997, made upon reargument; and it is further,
Ordered that the appeal from the order dated February 21, 1997, is dismissed as withdrawn, without costs or disbursements; and it is further,
Ordered that the appeal from so much of the order dated March 13, 1997, as adhered to the denial of that branch of the prior motion which was to extend the September 15, 1995, order of protection is dismissed as academic, without costs or disbursements; and it is further,
Ordered that the order dated March 13, 1997, is affirmed insofar as reviewed, without costs or disbursements.
The order of protection which the appellant sought to extend expired on September 15, 1998. A decision regarding the propriety of the denial of an application to extend that order will not, at this juncture, directly affect the rights and interests of the parties. Therefore, the appeal from so much of the order as adhered to the denial of that branch of the plaintiffs motion is dismissed as academic ( see, Matter of Greene v. Greene, 216 A.D.2d 393; Matter of Gansburg v. Gansburg, 127 A.D.2d 766).
Under the circumstances of this case, we find that the Supreme Court did not improvidently exercise its discretion in denying the branch of the appellant's motion which was to recover medical expenses ( see, Family Ct Act § 842 [h]).
O'Brien, J. P., Ritter, Thompson and Goldstein, JJ., concur.