Matter of Christopher NN. v Bobby Jo OO.
2009 NY Slip Op 01264 [59 AD3d 828]
February 19, 2009
Appellate Division, Third Department
As corrected through Wednesday, April 1, 2009


In the Matter of Christopher NN., Appellant,
v
Bobby JoOO., Respondent.

[*1]Sandra M. Colatosti, Albany, for appellant.

Thomas F. Garner, Middleburgh, for respondent.

Victor B. Carrascoso, Law Guardian, Cooperstown.

Cardona, P.J. Appeal from an order of the Family Court of Otsego County (Burns, J.),entered March 27, 2008, which, in a proceeding pursuant to Family Ct Act article 8, deniedpetitioner's motion for reconsideration.

In June 2006, Family Court (Coccoma, J.) entered an order of protection against petitioneron default. The court denied petitioner's motion to vacate the default, as well as his subsequentmotion to reargue and/or renew the motion to vacate. Petitioner appeals from the latter order.

The underlying order of protection expired by its terms on June 8, 2008. Therefore, theappeal must be dismissed as moot (seeMatter of Mayorca-Piccolo v Piccolo, 37 AD3d 913, 913 [2007], lv dismissed 8NY3d 994 [2007]; Matter of Schreiberv Schreiber, 2 AD3d 1094, 1095 [2003]; Matter of Curtis N., 302 AD2d 803,803 [2003], lv dismissed 100 NY2d 535 [2003]).

Rose, Kane and Stein, JJ., concur. Ordered that the appeal is dismissed, as moot, withoutcosts.


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