From Casetext: Smarter Legal Research

In the Matter of Kelly v. Gregory A.F

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 17, 2006
34 A.D.3d 1277 (N.Y. App. Div. 2006)

Opinion

No. CAF 04-02726.

November 17, 2006.

Appeal from an order of the Family Court, Monroe County (John J. Rivoli, J.), entered September 24, 2004 in a proceeding pursuant to Family Court Act article 6. The order, inter alia, modified an order of custody.

Before: Present — Scudder, J.P., Martoche, Centra and Pine, JJ.


It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: Respondent-petitioner appeals from an order granting the petition of petitioner-respondent (petitioner) for modification of an order of custody, awarding him visitation and denying his cross petition for sole custody. While this appeal was pending, a new custody proceeding was held and petitioner was granted permission for the children to relocate with her to Virginia. Thus, the instant appeal is moot ( see Matter of Walker v Adams, 31 AD3d 1018; Matter of Tiffany S. v Otsego County Dept. of Social Servs., 278 AD2d 607 [2000]).


Summaries of

In the Matter of Kelly v. Gregory A.F

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 17, 2006
34 A.D.3d 1277 (N.Y. App. Div. 2006)
Case details for

In the Matter of Kelly v. Gregory A.F

Case Details

Full title:In the Matter of KELLY F., Respondent, v. GREGORY A.F., Appellant

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

Date published: Nov 17, 2006

Citations

34 A.D.3d 1277 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8462
823 N.Y.S.2d 725

Citing Cases

Steward v. Lucas

Elizabeth Ciambrone, Buffalo, for Petitioner–Appellant. Ayoka A. Tucker, Attorney for the Child, Buffalo, for…

Skyvinn W. v. Christopher W.

ALBERT F. LAWRENCE, ATTORNEY FOR THE CHILD, GREENFIELD CENTER. It is hereby ORDERED that said appeal is…