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In Re Yajaira J.L., Petitioner-Respondent v. Robert Bruce Scott L.

October 18, 2012

IN RE YAJAIRA J.L., PETITIONER-RESPONDENT, --
v.
ROBERT BRUCE SCOTT L., RESPONDENT-APPELLANT.



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.

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

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.

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

20121018

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