Opinion
03-25-2016
In the Matter of Russell D. BROOKINS, Petitioner–Respondent, v. Catherine Mary McCANN, Respondent–Appellant.
Mary R. Humphrey, New Hartford, for Respondent–Appellant.
Mary R. Humphrey, New Hartford, for Respondent–Appellant.
Opinion
:
Respondent appeals from an order revoking a suspended sentence and committing her to jail for a period of six months for her willful failure to obey a child support order. In a prior order, Family Court confirmed the Support Magistrate's determination that the violation of the child support order was willful and imposed a sentence of six months, which it suspended on the condition that respondent pay $75 per month, commencing on a certain date. It is undisputed that respondent failed to make the first monthly payment, but instead made two payments on the date on which the second payment was due. Respondent's contention that the court erred in revoking the suspended sentence and committing her to jail is moot inasmuch as she has served her sentence (see Matter of Davis v. Williams, 133 A.D.3d 1354, 1355, 19 N.Y.S.3d 458; Matter of Ontario County Support Collection Unit v. Falconer, 132 A.D.3d 1354, 1355, 17 N.Y.S.3d 379). Respondent's remaining contentions are not properly before us because she failed to appeal from the order confirming the determination that her violation of the child support order was willful (see Davis, 133 A.D.3d at 1355, 19 N.Y.S.3d 458).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
PERADOTTO, J.P., LINDLEY, DeJOSEPH, CURRAN, and SCUDDER, JJ., concur.