Matter of Analuisa P. v Warnell H., 2011 NY Slip Op 07581 [88 AD3d 624]

October 27, 2011

Appellate Division, First Department

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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..