Kraus v. Kraus
809 N.Y.S.2d 471
N.Y. App. Div.
2006
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In the Matter of SUSANNA KRAUS, Respondent, v SHELDON KRAUS, Appellant.

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

January 31, 2006

809 N.Y.S.2d 471 | 26 A.D.3d 494

In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals from an order of the Family Court, Suffolk County (Simeone, J.), dated August 23, 2004, which, after a hearing, found that he committed family offenses, and granted the petitioner an order of protection until August 23, 2005.

Ordered that the appeal from so much of the order as granted an order of protection until August 23, 2005, is dismissed as academic, without costs or disbursements; and it is further,

Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.

Because the order of protection has expired by its own terms, the appeal from so much of the order as concerns the order of protection must be dismissed as academic (see

). The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court (see
;
), and that determination is entitled to great weight on appeal (see
), as is the Family Court‘s determination regarding the credibility of witnesses (see
;
;
). The Family Court properly determined that the petitioner proved by a preponderance of the evidence that the husband committed acts constituting the family offenses of harassment and disorderly conduct warranting the issuance of an order of protection (see Family Ct Act §§ 812, 832; Penal Law §§ 240.20, 240.26 [1];
;
). Adams, J.P., Skelos, Fisher and Lunn, JJ., concur.