Opinion
237 CAF 19–00396
03-13-2020
In the Matter of Ashley M. LADD, Petitioner–Respondent, v. Edward G. FRANK, II, Respondent–Appellant.
ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR RESPONDENT–APPELLANT. KEVIN EARL, COUNTY ATTORNEY, BATAVIA (TINA M. KASPEREK OF COUNSEL), FOR PETITIONER–RESPONDENT.
ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR RESPONDENT–APPELLANT.
KEVIN EARL, COUNTY ATTORNEY, BATAVIA (TINA M. KASPEREK OF COUNSEL), FOR PETITIONER–RESPONDENT.
PRESENT: CENTRA, J.P., CARNI, LINDLEY, 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 a period of five months. Because he concedes that he has already served his sentence, the appeal is moot (see Matter of Barney v. Thomas , 178 A.D.3d 1440, 1441, 112 N.Y.S.3d 660 [4th Dept. 2019] ; Matter of McGrath v. Healey , 158 A.D.3d 1069, 1069, 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] ). To the extent that respondent contends that the appeal is not moot because a finding of a willful violation may have significant collateral consequences for him, we note that he did not appeal from the order finding him in willful violation of the order requiring him to pay child support (see McGrath , 158 A.D.3d at 1069–1070, 70 N.Y.S.3d 314 ).