Matter of Jonnilyn C. v. Amy D.

Summary

The New York Appellate Division, Third Department dismissed as moot an appeal from a one-year stay-away order of protection issued in a Family Court family-offense proceeding. The order had expired, and it was issued without an admission or finding that the respondent had committed a family offense, leaving no enduring consequences warranting review.

Holdings

1. The appeal was moot because the order of protection had expired and was not based on an admission or finding that the grandmother committed a family offense, leaving no enduring consequences from such a finding.
2. No exception to the mootness doctrine applied.

Questions Presented

1. Whether the appeal from the expired one-year order of protection remained justiciable.
2. Whether an exception to the mootness doctrine applied despite the expiration of the order.

Disposition

dismissed