From Casetext: Smarter Legal Research

Matter of Campbell v. Desir

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 402 (N.Y. App. Div. 1998)

Opinion

June 4, 1998

Appeal from the Family Court, Westchester County (Braslow, J.).


Ordered that the appeals from the orders entered March 19, 1997, and July 3, 1997, are dismissed, without costs or disbursements, as they are not appealable as of right ( see, Family Ct Act § 1112); and it is further,

Ordered that on the appeal from the order of protection entered March 20, 1997, the factual finding that the appellant was guilty of 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 Platsky v. Platsky, 237 A.D.2d 610; Matter of Alice C. v. Joseph C., 212 A.D.2d 698). 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 Platsky v. Platsky, supra; Matter of Cutrone v. Cutrone, 225 A.D.2d 767). The appellant's remaining contentions are without merit.

Ritter, J.P., Goldstein, McGinity and Luciano, J.J., concur.


Summaries of

Matter of Campbell v. Desir

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 402 (N.Y. App. Div. 1998)
Case details for

Matter of Campbell v. Desir

Case Details

Full title:LOIS CAMPBELL, Respondent, v. FRANCIS DESIR, Appellant

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

Date published: Jun 4, 1998

Citations

251 A.D.2d 402 (N.Y. App. Div. 1998)
672 N.Y.S.2d 818

Citing Cases

Matter of Strully v. Schwartz

The Family Court properly dismissed the mother's petition for a permanent order of protection upon…

Matter of Pearsall v. Martin-Zenick

The Family Court properly dismissed the petition for an order of protection upon its determination that the…