In Dulanto v. Dulanto (276 AD2d 694 [2nd Dept. 2000]) the family court had concluded that because the parties were not blood relatives and did not reside together, it could not exercise jurisdiction over a family offense petition brought by a stepdaughter against her stepfather. The appellate court found that the family court was wrong on the law and held that because the parties were related by affinity, pursuant to FCA 812 (1)(a), the Family Court did have jurisdiction. However, prior to the appeal being decided, petitioner and respondent's father divorced. The appeals court found that after the divorce, the family court no longer had jurisdiction to entertain the application for an order of protection and dismissed the appeal as academic.