| Matter of Victor S. v Kareem J.S. |
| 2013 NY Slip Op 01347 [104 AD3d 405] |
| March 5, 2013 |
| Appellate Division, First Department |
| In the Matter of Victor S., Respondent, v KareemJ.S., Appellant. |
—[*1] Daniel R. Katz, New York, for respondent.
Appeal from order, Family Court, New York County (Carol J. Goldstein, Ref.),entered on or about January 23, 2012, which after a hearing, determined that appellanthad committed acts that constituted aggravated harassment in the second degree (PenalLaw § 240.30), and granted petitioner a one-year order of protection directingappellant to, inter alia, stay away from and cease communication with him and hisdaughter, unanimously dismissed, without costs, as moot.
Because the order of protection has expired, this appeal is moot (see Matter of Diallo v Diallo,68 AD3d 411 [1st Dept 2009], lv dismissed 14 NY3d 854 [2010]).
Were we to reach the merits, we would find that a fair preponderance of the evidence(Family Ct Act § 832) supports the referee's finding that appellant committed actsconstituting the family offense of aggravated harassment in the second degree(see Penal Law § 240.30), warranting the issuance of an order ofprotection (see Family Ct Act § 812 [1]). Indeed, "making a telephone callwill constitute aggravated harassment in the second degree when it is made with intent toharass, annoy, threaten or alarm another person and is made either in a manner likely tocause annoyance or alarm or with no purpose of legitimate communication" (Matter of Wendy Q. v JasonQ., 94 AD3d 1371, 1373 [3d Dept 2012] [internal quotation marks omitted]).Contrary to appellant's contention, his intent to alarm or annoy petitioner was inferablefrom his statements about petitioner's daughter, because they constituted a threat thatspecifically referred to placing the safety of the child in jeopardy (see People v Wilson, 59 AD3d153, 154 [1st Dept 2009], affd 14 NY3d 895 [2010]).[*2]
Appellant set forth no basis to disturb the court's credibility determinations (seeMatter of F.B. v W.B., 248 AD2d 119 [1st Dept 1998]). Concur—Gonzalez,P.J., Mazzarelli, Renwick, Richter and Gische, JJ.