Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

IN THE MATTER OF GARLAND v. GARLAND

Appellate Division of the Supreme Court of New York, Second Department.
Jan 12, 2004
Important Paras
Please sign up to view Important Paras.
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 ยง 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.