IN RE: Benjamin PEREZ

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: Benjamin PEREZ, respondent, v. Grissel SEPULVEDA, appellant.

Decided: March 31, 2009

ROBERT A. SPOLZINO, J.P., ANITA R. FLORIO, JOSEPH COVELLO, and RANDALL T. ENG, JJ. Linda Braunsberg, Staten Island, N.Y., for appellant. Robin Stone Einbinder, Jamaica, N.Y., for respondent.

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from (1) an order of protection of the Family Court, Queens County (Richroath, J.), dated April 15, 2008, and (2) an order of the same court, also dated April 15, 2008, which, without a hearing, granted that branch of the father's motion which was to suspend visitation between her and the child.

ORDERED that the appeal from the order of protection is dismissed, without costs or disbursements;  and it is further,

ORDERED that the order is affirmed, without costs or disbursements.

 The order of protection expired by its own terms on June 27, 2008. Since the rights of the parties will not be directly affected by a determination as to the propriety of the order of protection, the appeal from that order has been rendered academic (see Matter of Cooper-Winfield v. Gary, 9 A.D.3d 366, 778 N.Y.S.2d 917;  Matter of Levande v. Levande, 308 A.D.2d 450, 451, 764 N.Y.S.2d 123;  Matter of Greene v. Greene, 216 A.D.2d 393, 628 N.Y.S.2d 517).   Moreover, the issuance of the order of protection in this case did not constitute a permanent and significant stigma which might indirectly affect the mother's status in potential future proceedings (see Matter of Cooper-Winfield v. Gary, 9 A.D.3d at 366-367, 778 N.Y.S.2d 917;  Matter of Levande v. Levande, 308 A.D.2d at 451, 764 N.Y.S.2d 123;  Matter of McClure v. McClure, 176 A.D.2d 325, 326, 574 N.Y.S.2d 523;  cf. Matter of Malfetano v. Parker, 7 A.D.3d 715, 776 N.Y.S.2d 515;  Matter of Cutrone v. Cutrone, 225 A.D.2d 767, 768, 640 N.Y.S.2d 568).

 Even if the Family Court erred in considering the transcript of the tape made by the father of the mother's conversation with the child, which the father submitted in support of his application, inter alia, to suspend the mother's visitation (see Matter of Cameron C., 283 A.D.2d 946, 947, 723 N.Y.S.2d 796;  Matter of Jaeger v. Jaeger, 207 A.D.2d 448, 449, 616 N.Y.S.2d 230;  Matter of Berk v. Berk, 70 A.D.2d 943, 417 N.Y.S.2d 785), the Family Court possessed sufficient information to render, without a hearing, an informed visitation determination consistent with the best interests of the child (see Matter of Perez v. Sepulveda, 51 A.D.3d 673, 673-674, 857 N.Y.S.2d 659;  Matter of Hom v. Zullo, 6 A.D.3d 536, 775 N.Y.S.2d 66) without considering the recorded conversation (see Matter of Jaeger v. Jaeger, 207 A.D.2d at 449, 616 N.Y.S.2d 230;  Janecka v. Franklin, 131 A.D.2d 436, 437, 516 N.Y.S.2d 85;  Matter of Berk v. Berk, 70 A.D.2d at 943, 417 N.Y.S.2d 785).

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