Legal Opinion
Smith v. Falco-Boric
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 2011PublishedCited by 6 opinions
1Opinion of the Court
Although the order of protection expired by its own terms on August 12, 2011, the appeal has not been rendered academic in light of “the enduring consequences which may potentially flow from a finding that the appellant committed a family offense” (Matter of Willis v Rhinehart, 76 AD3d 641, 642 [2010]; see *1147Matter of Wallace v Wallace, 45 AD3d 599 [2007]; Matter of Hogan v Hogan, 271 AD2d 533 [2000]).
The Family Court failed to state on the record the facts which it deemed essential to its determination to grant the petition for an order of protection (see CPLR 4213 [b]; Matter of Jose L.I., 46…
2Cases cited4 opinions
- Matter of I.New York Court of Appeals · 1979
- Hogan v. HoganAppellate Division of the Supreme Court of the State of New York · 2000
- Wallace v. WallaceAppellate Division of the Supreme Court of the State of New York · 2007
- In re Destiny H.Appellate Division of the Supreme Court of the State of New York · 2011
3Cited by6 opinions
- Drury v. DruryAppellate Division of the Supreme Court of the State of New York · 2011
- Sperling v. SperlingAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Rosenbloom v. RosenbloomAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Milworm v. MilwormAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Sealy v. PeartAppellate Division of the Supreme Court of the State of New York · 2023
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