In re Laila S. W.

• Decision Date: 02 November 2016
• Citation: 144 A.D.3d 694,2016 N.Y. Slip Op. 07199,40 N.Y.S.3d 187
• Parties: In the Matter of LAILA S. W. (Anonymous), Suffolk County Department of Social Services, respondent; Loren S. (Anonymous), appellant.
• Court: New York Supreme Court — Appellate Division

144 A.D.3d 694
40 N.Y.S.3d 187
2016 N.Y. Slip Op. 07199

In the Matter of LAILA S. W. (Anonymous),

Suffolk County Department of Social Services, respondent;

Loren S. (Anonymous), appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 2, 2016.

40 N.Y.S.3d 188

Glenn Gucciardo, Northport, NY, for appellant.

Dennis M. Brown, County Attorney, Central Islip, NY (Frank J. Alberti of counsel), for respondent.

Lynn Poster–Zimmerman, Huntington, NY, attorney for the child.

RUTH C. BALKIN, J.P., L. PRISCILLA HALL, JEFFREY A. COHEN, and HECTOR D. LaSALLE, JJ.

144 A.D.3d 694

Appeals by the father from (1) an order of fact-finding and disposition of the Family Court, Suffolk County (Richard Hoffmann, J.), dated August 11, 2015, and (2) an order of protection of that court dated August 11, 2015. The order of fact-finding and disposition, insofar as appealed from, after a hearing, found that the father neglected the subject child. The order of protection directed the father, inter alia, to refrain from certain conduct with respect to the subject child up to and including August 11, 2016.

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements; and it is further,

ORDERED that the order of protection is affirmed, without costs or disbursements.

In May 2015, the petitioner commenced this proceeding pursuant to Family Court Act article 10 alleging, inter alia, that the father neglected the subject child. After a fact-finding hearing, the Family Court determined that the father neglected the subject child and entered an order of protection on her behalf. The father appeals.

Although the order of protection expired by its own terms on August 11, 2016, the appeal from the order of protection has not been rendered academic “given the totality of the enduring legal and reputational consequences” of the order of protection (Matter of Veronica P. v. Radcliff A., 24 N.Y.3d 668, 673, 3 N.Y.S.3d 288, ...