Matter of Yajaira J.L. v Robert Bruce Scott L.

Matter of Matter of Yajaira J.L. v Robert Bruce Scott L. 2012 NY Slip Op 07032 Decided on October 18, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 18, 2012
Friedman, J.P., Moskowitz, Freedman, Richter, Abdus-Salaam, JJ. 8323-
8324

[*1]In re Yajaira J.L., Petitioner-Respondent,

v

Robert Bruce Scott L., Respondent-Appellant.




Daniel R. Katz, New York, for appellant.
Karen P. Simmons, The Children's Law Center, Brooklyn (Janet
Neustaetter of counsel), attorney for the child.

Appeal from order, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 6, 2010, which, after a fact-finding hearing, granted petitioner an order of protection for two years, 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 [1st Dept 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 petitioner's testimony, supports the court's finding that respondent committed acts that constitute the family offenses of harassment and attempted assault (see Penal Law §§ 110.10/120.05; 240.25; 240.26[1], [3]), warranting the issuance of an order of protection (see Family Ct Act § 812[1]). There is no basis to disturb the court's credibility determinations (see Matter of F.B. v W.B., 248 AD2d 119 [1st Dept 1998]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 18, 2012

CLERK