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Lind v. Sepulveda

Appellate Division of the Supreme Court of New York, Third Department
Oct 8, 2009
66 A.D.3d 1087 (N.Y. App. Div. 2009)

Opinion

No. 504782.

October 8, 2009.

Appeal from an order of the Family Court of Rensselaer County (Griffin, J.), entered May 1, 2008, which, in a proceeding pursuant to Family Ct Act article 4, committed respondent to jail for a term of 120 days.

Eugene P. Grimmick, Troy, for appellant.

Before: Mercure, J.P., Lahtinen, Kane and McCarthy, JJ., concur.


Respondent appeals from an order which committed him to jail for his willful failure to pay child support. His counsel seeks to be relieved of representing him, arguing that no nonfrivolous appellate issues exist. Respondent has already served his jail sentence and solely appealed from the order of commitment. Accordingly, respondent's appeal has been rendered moot and must be dismissed, and there is no need to consider counsel's request to be relieved of his assignment ( see Matter of Commissioner of Social Servs. v Mason, 61 AD3d 1017, 1017-1018; see also Matter of Franklin County Dept. of Social Servs. v Grant, 54 AD3d 1103; Matter of St. Lawrence County Dept. of Social Servs. v Pratt, 24 AD3d 1050, lv denied 6 NY3d 713).

Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Lind v. Sepulveda

Appellate Division of the Supreme Court of New York, Third Department
Oct 8, 2009
66 A.D.3d 1087 (N.Y. App. Div. 2009)
Case details for

Lind v. Sepulveda

Case Details

Full title:In the Matter of BRENDA M. LIND, Respondent, v. RAMON SEPULVEDA, Appellant

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

Date published: Oct 8, 2009

Citations

66 A.D.3d 1087 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 7170
885 N.Y.S.2d 652

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