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In the Matter of MILDRED BART, Respondent, v. JOHN BART, Appellant.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In this case the order of protection has expired and the determination of this appeal would have no direct effect upon the parties. Further, we find that the issuance of the order of protection in this case did not constitute a "`"permanent and significant stigma" which might indirectly affect the appellant's status in potential future proceedings'" (Matter of Brown v Brown, 185 A.D.2d 812; Matter of McClure v McClure, 176 A.D.2d 325, 326). Accordingly, this appeal is dismissed as academic.

In any event, if we were to review the merits of the appeal, we would conclude that there is no basis to disturb the Family Court's determination. The question of whether the appellant committed acts of disorderly conduct and harassment in the second degree was a disputed factual issue for the court to resolve. As the trier of fact, the Family Court's determination regarding the credibility of the witnesses is entitled to great weight (see, Matter of Croce v Tsombanis, 209 A.D.2d 516). Therefore the order of protection excluding the appellant from his mother's home was not improper. Bracken, J.P., Balletta, Pizzuto and Hart, JJ., concur.

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MATTER OF BART v. BART
(Sep 25, 1995)