Opinion
February 17, 1987
Appeal from the Family Court, Kings County (De Phillips, J.).
Ordered that the appeal is dismissed as moot, without costs or disbursements.
Since the order of protection excluding the appellant from certain portions of the marital residence has already expired and no further relief was sought or obtained, and since a decision regarding the propriety of this order will not, at this juncture, directly affect the rights and interests of the parties, the appeal is hereby dismissed as moot (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707; Toscano v. Van Lindt, 112 A.D.2d 364; New York Pub. Interest Research Group v. Regan, 91 A.D.2d 774). This case does not present any issue or question of fact which would warrant the invocation of an exception to the mootness doctrine. Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.