Opinion
(1242) CAF 00-00775
December 21, 2001.
(Appeal from Order of Erie County Family Court, Townsend, J. — Commitment.)
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, BURNS AND GORSKI, JJ.
Appeal unanimously dismissed without costs.
Memorandum:
Respondent appeals from an order of commitment directing that he be held in jail for four months for his willful violation of a child support order. The order of disposition finding a willful violation was made upon respondent's default, and thus respondent's contention that the violation was not willful is not properly before us ( see, CPLR 5511; Hines v. Hines, 125 A.D.2d 946). Respondent's further contention concerning the jail term imposed is moot inasmuch as the order of commitment has since expired ( cf., Matter of Bickwid v. Deutsch, 87 N.Y.2d 862).