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IN THE MATTER OF DARLENE MOORE GARLAND, respondent, v. JOHN GARLAND, appellant.

DECISION ORDER

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

Although the order of protection has expired, in light of the enduring consequences which may potentially flow from an adjudication that a party has committed a family offense, the appeal is not academic ( see Matter of Hogan v. Hogan, 271 A.D.2d 533) . The record does not support the Family Court's determination that the husband committed family offenses warranting the issuance of the order of protection ( see Family Ct Act § 812, 832; Matter of London v. Blazer, A.D.3d [2d Dept, Dec. 29, 2003]; Matter of Cavanaugh v. Madden, 298 A.D.2d 390).

ALTMAN, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.

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IN THE MATTER OF GARLAND v. GARLAND
(Jan 12, 2004)