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MATTER OF CRISTIAN M-B. v. ROSALBA S.

8865.

171 A.D.3d 425 (2019)

95 N.Y.S.3d 522

2019 NY Slip Op 02470

In the Matter of Cristian M-B., Respondent, v. Rosalba S., Appellant.

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

Decided April 2, 2019.

The expiration of the order of protection does not render respondent's appeal moot in light of the "significant enduring consequences" of such an order (Matter of Veronica P. v Radcliff A., 24 N.Y.3d 668, 671 [2015]).

The court erred in determining that respondent's actions constituted the family offense of assault in the third degree during the March 2016 incident because the facts necessary to support such a finding were...

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