Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: JAZMONE S. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. In the Matter of Ashley J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. In the Matter of Zalika J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. In the Matter of Ethan J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant.
In four related neglect proceedings pursuant to Family Court Act article 10, the father appeals from (1) an order of the Family Court, Queens County (Richroath, J.), dated March 31, 2004, which denied his motion to modify a temporary order of protection by deleting the provision excluding him from the family home, and (2) an order of the same court dated March 31, 2004, which directed that the temporary order of protection remain in effect until April 21, 2004.
ORDERED that the appeals are dismissed, without costs or disbursements.
The temporary order of protection expired by its own terms on April 21, 2004, and the determination of the appeals here would have no direct effect upon the parties. Further, under the facts of this case, the issuance of the temporary order of protection did not constitute a “permanent and significant stigma which might indirectly affect the appellant's status in potential future proceedings” (Matter of McClure v. McClure, 176 A.D.2d 325, 326, 574 N.Y.S.2d 523; see Matter of Virginia P., 8 A.D.3d 389, 390, 777 N.Y.S.2d 703; Matter of Levande v. Levande, 308 A.D.2d 450, 451, 764 N.Y.S.2d 123). Therefore, the appeals must be dismissed as academic (see Matter of Bart v. Bart, 219 A.D.2d 710, 631 N.Y.S.2d 542).
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: May 23, 2005
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)