Opinion
2011-12-8
In the Matter of Lisa A. MULLER, Respondent, v. Mark A. MULLER, Appellant.
Diane Webster–Brady, Plattsburgh, for appellant. Emily S. Cartwright, Franklin County Department of Social Services, Malone, for respondent.
Diane Webster–Brady, Plattsburgh, for appellant. Emily S. Cartwright, Franklin County Department of Social Services, Malone, for respondent.
Before: SPAIN, J.P., ROSE, MALONE JR., STEIN and EGAN JR., JJ.
MALONE JR., J.
Appeal from an order of the Family Court of Franklin County (Main Jr., J.), entered April 13, 2010, which, in a proceeding pursuant to Family Ct. Act article 4, committed respondent to jail for 90 days.
In September 2009, petitioner commenced this proceeding seeking to find respondent in willful violation of a prior order of support, alleging, among other things, that respondent had failed to make any child support payments to her in more than one year and owed her more than $12,000 in child support arrears. After a Support Magistrate found that respondent had willfully violated the prior order of support, Family Court confirmed that finding in an order issued in January 2010 and the matter was adjourned for a determination of an appropriate penalty. Respondent did not appeal. Thereafter, Family Court issued an order in April 2010 committing respondent to a 90–day term of incarceration. Respondent appeals from that order.
All of respondent's arguments relate to the January 2010 order finding him to be in willful violation of the prior order of child support. However, none of those arguments are properly before this Court because respondent did not appeal from the January 2010 order in which that finding was made ( see Matter of St. Lawrence County Dept. of Social Servs. v. Pratt, 80 A.D.3d 826, 826, 914 N.Y.S.2d 391 [2011], lv. denied 16 N.Y.3d 712, 2011 WL 1643562 [2011]; Matter of Clark v. Clark, 61 A.D.3d 1274, 1275, 876 N.Y.S.2d 913 [2009], lv. denied 13 N.Y.3d 702, 2009 WL 2762643 [2009] ). Instead, respondent appealed only from the April 2010 order that committed him to a term of incarceration. Inasmuch as that term of incarceration has expired, this appeal must be dismissed as moot ( see Matter of Larrier v. Williams, 84 A.D.3d 805, 806, 924 N.Y.S.2d 272 [2011]; Matter of Franklin County Dept. of Social Servs. v. Durant, 54 A.D.3d 1139, 1140, 865 N.Y.S.2d 364 [2008]; Matter of St. Lawrence County Dept. of Social Servs. v. Pratt, 24 A.D.3d 1050, 806 N.Y.S.2d 309 [2005], lv. denied 6 N.Y.3d 713, 816 N.Y.S.2d 748, 849 N.E.2d 971 [2006] ).
ORDERED that the appeal is dismissed, as moot, without costs.