MATTER OF SMITH v. FALCO-BORIC

2010-09140.

87 A.D.3d 1146 (2011)

929 N.Y.S.2d 870

2011 NY Slip Op 6847

In the Matter of BRIAN G. SMITH, Respondent, v. DONNA L. FALCO-BORIC, Appellant.

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

Decided September 27, 2011.


Ordered that the order of protection is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

Although the order of protection expired by its own terms on August 12, 2011, the appeal has not been rendered academic in light of "the enduring consequences which may potentially flow from a finding that the appellant committed a family offense" (Matter of Willis v Rhinehart, 76 A.D.3d 641...

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