From Casetext: Smarter Legal Research

Bart v. Bart

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 1995
219 A.D.2d 710 (N.Y. App. Div. 1995)

Opinion

September 25, 1995

Appeal from the Family Court, Kings County (Dabiri, J.).


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.


Summaries of

Bart v. Bart

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 1995
219 A.D.2d 710 (N.Y. App. Div. 1995)
Case details for

Bart v. Bart

Case Details

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

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 25, 1995

Citations

219 A.D.2d 710 (N.Y. App. Div. 1995)
631 N.Y.S.2d 542

Citing Cases

Tibichrani v. Debs

The question of whether the appellant committed acts of harassment was a disputed factual issue for the court…

Matter of Dendy v. Bonelli

Ordered that the. orders are affirmed, without costs or disbursements. Although the orders of protection…