Opinion
11-20-2015
In the Matter of Michele DAVIS, Petitioner–Respondent, v. Kevin L. WILLIAMS, Respondent–Appellant.
Lovallo & Williams, Buffalo (Timothy R. Lovallo of Counsel), for Respondent–Appellant.
Lovallo & Williams, Buffalo (Timothy R. Lovallo of Counsel), for Respondent–Appellant.
Opinion
MEMORANDUM:
Respondent father appeals from an order of commitment revoking a suspended sentence and committing him to jail for a period of six months. Inasmuch as respondent has served his sentence, his appeal from the order of commitment is moot (see Matter of Ontario County Support Collection Unit v. Falconer, 132 A.D.3d 1354, ––––, 17 N.Y.S.3d 379 [2015] ). To the extent that respondent contends that his appeal is not moot because “a finding of contempt [and willful violation] may have significant collateral consequences,” we note that he failed to appeal from the order finding him in willful violation of the order requiring him to pay child support (see Matter of St. Lawrence County Dept. of Social Servs. v. Pratt, 24 A.D.3d 1050, 1050, 806 N.Y.S.2d 309). Similarly, respondent's remaining contentions that his support obligations should be reduced and his arrears capped were not addressed by the order appealed from and, in any event, are improperly raised for the first time on appeal (see Matter of Kasprowicz v. Osgood, 101 A.D.3d 1760, 1761, 956 N.Y.S.2d 786, lv. denied 20 N.Y.3d 863, 2013 WL 1235503;Matter of Commissioner of Social Servs. v. Turner, 99 A.D.3d 1244, 1245, 951 N.Y.S.2d 814).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
SCUDDER, P.J., SMITH, CENTRA, WHALEN, and DeJOSEPH, JJ., concur.