McCarthy v. McCarthy

*759The order of protection dated March 26, 2009, which the petitioner sought to extend by that branch of her petition which was to modify that order of protection, expired by its own terms on March 26, 2010, the date on which she filed her petition. As a result, the appeal from so much of the order dated April 8, 2010, as, in effect, denied that branch of the petition which was to modify that order of protection must be dismissed as academic (see Matter of Prehna v Prehna, 24 AD3d 917 [2005]; Pollack v Pollack, 260 AD2d 562 [1999]). However, since the Family Court was authorized to issue a new…