Opinion
1179 CAF 18–00452
12-20-2019
In the Matter of Karnise L. BARNEY, Petitioner–Respondent, v. Daryl E. THOMAS, Respondent–Appellant.
CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT–APPELLANT. NEIGHBORHOOD LEGAL SERVICES, INC., BUFFALO (THERESA J. FERRARA OF COUNSEL), FOR PETITIONER–RESPONDENT.
CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT–APPELLANT.
NEIGHBORHOOD LEGAL SERVICES, INC., BUFFALO (THERESA J. FERRARA OF COUNSEL), FOR PETITIONER–RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Respondent appeals from an order revoking a suspended sentence imposed for his willful violation of a child support order and committing him to jail for six months. Respondent's sole contention on appeal concerns the sufficiency of the evidence that he violated the conditions of the suspended sentence. Because respondent has already served his sentence, the instant appeal is moot (see Matter of McGrath v. Healey , 158 A.D.3d 1069, 1069–1070, 70 N.Y.S.3d 314 [4th Dept. 2018] ; Matter of Brookins v. McCann , 137 A.D.3d 1726, 1727, 27 N.Y.S.3d 415 [4th Dept. 2016], lv denied 27 N.Y.3d 910, 2016 WL 3524321 [2016] ).