Matter of Analuisa P. v Warnell H.
2011 NY Slip Op 07581 [88 AD3d 624]
October 27, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


In the Matter of Analuisa P., Respondent,
v
Warnell H., Appellant.

[*1] Kenneth M. Tuccillo, Hastings-on-Hudson, for appellant.

Dora M. Lassinger, East Rockaway, for respondent.

Appeal from order, Family Court, Bronx County (Alma Cordova, J.), entered on or about February 25, 2010, which, after a fact-finding hearing, granted petitioner an order of protection for one year, unanimously dismissed as moot, without costs.

Because the order of protection has expired, this appeal is moot (see Matter of Diallo v Diallo, 68 AD3d 411 [2009], lv dismissed 14 NY3d 854 [2010]). Were we to reach the merits, we would find that a fair preponderance of the evidence (Family Ct Act § 832), including the testimony of petitioner and a school district guard, supports the court's finding that, on the day at issue, respondent committed acts that constituted the family offense of disorderly conduct (Family Ct Act § 812 [1]; Penal Law § 240.20). There is no basis to disturb the court's credibility determinations (Matter of F.B. v W.B., 248 AD2d 119 [1998]). Concur—Andrias, J.P., Sweeny, Acosta, Freedman and Manzanet-Daniels, JJ.