MATTER OF CARDARELLI v. CARDARELLI

ORDERED that the appeal from so much of the order as found that the appellant committed a family offense is affirmed, and the appeal is otherwise dismissed as academic, without costs or disbursements.

The appeal from the decretal provisions of the order of protection has been rendered academic by the passing of the time limit contained therein. Moreover, the expiration of the order of protection renders academic the appellant's challenge to the dispositional proceedings (see, Matter of Alice C. v. Joseph C., 212 A.D.2d 698; Matter of Campbell v. Desir, 251 A.D.2d 402; Matter of Platsky v. Platsky, 237 A.D.2d 610). However, "in light of the enduring consequences which may potentially flow from an adjudication that a party has committed a family offense ", the appeal from so much of the order as made that adjudication is not academic (see, Matter of Cutrone v. Cutrone, 225 A.D.2d 767, 768).

The appellant contends that the hearing court erred in denying his request to call the parties' infant child as a witness. Such a decision lies within the discretion of the hearing court (see, Matter of Thompson v. Thompson, 267 A.D.2d 516, 519; Matter of Farnham v. Farnham, 252 A.D.2d 675; Matter of Walker v. Tallman, 256 A.D.2d 1021). The Family Court's determination was a provident exercise of its discretion (see, Matter of Walker v. Tallman, supra; Matter of Jennifer G., 261 A.D.2d 823).

The appellant's remaining contention is unpreserved for appellate review and, in any event, without merit.