Opinion
58 CAF 16–01430
02-02-2018
In the Matter of Alexandria G. MCGRATH, Petitioner–Respondent, v. Johnathon J. HEALEY, Respondent–Appellant.
DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT.
DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT.
PRESENT: WHALEN, P.J., SMITH, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Memorandum:Respondent appeals from an order revoking a suspended sentence imposed for his admitted willful violation of a child support order and committing him to jail for 90 days. Inasmuch as respondent concedes that he has served his sentence, the instant appeal is moot (see Matter of Davis v. Williams, 133 A.D.3d 1354, 1355, 19 N.Y.S.3d 458 [4th Dept. 2015] ; Matter of St. Lawrence County Dept. of Soc. Servs. v. Pratt, 24 A.D.3d 1050, 1050, 806 N.Y.S.2d 309 [3d Dept. 2005], lv denied 6 N.Y.3d 713, 816 N.Y.S.2d 748, 849 N.E.2d 971 [2006] ). To the extent that respondent contends that this appeal is not moot because a finding of contempt and 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 Davis, 133 A.D.3d at 1355, 19 N.Y.S.3d 458 ; St. Lawrence County Dept. of Soc. Servs., 24 A.D.3d at 1050, 806 N.Y.S.2d 309 ; cf. Matter of Bickwid v. Deutsch, 87 N.Y.2d 862, 863, 638 N.Y.S.2d 932, 662 N.E.2d 250 [1995] ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.