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In re Application of Burkhart v. Webber

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 2000
273 A.D.2d 125 (N.Y. App. Div. 2000)

Opinion

June 20, 2000.

Appeal from order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about January 4, 2000, denying the petition for a writ of prohibition and granting respondents' cross motion to dismiss the petition, unanimously dismissed, without costs.

Melvin L. Wulf, for petitioner-appellant.

Constantine A. Speres, for respondents-respondents.

Before: Nardelli, J.P., Ellerin, Lerner, Buckley, Friedman, JJ.


Petitioner's appeal is moot since, subsequent to the entry of the order of protection to which petitioner now objects, petitioner consented, as a condition of having her criminal case adjourned in contemplation of dismissal, to the imposition of a superseding order of protection incorporating the challenged portions of the subject order of protection (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Application of Burkhart v. Webber

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 2000
273 A.D.2d 125 (N.Y. App. Div. 2000)
Case details for

In re Application of Burkhart v. Webber

Case Details

Full title:IN RE APPLICATION OF TANGELA BURKHART, PETITIONER-APPELLANT, FOR A…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 20, 2000

Citations

273 A.D.2d 125 (N.Y. App. Div. 2000)
709 N.Y.S.2d 552