IN MATTER OF KREST v. KAWCZYNSKI, 03-01536 [4th Dept 2004

It is hereby ORDERED that said appeal from the order insofar as it concerned the parties' older child be and the same hereby is unanimously dismissed and the order is affirmed without costs.

Memorandum: We reject the contention of petitioner that Family Court erred in summarily dismissing her petition seeking to modify a prior order, entered on consent, by transferring custody of the parties' two children from respondent to petitioner. We note that the older child attained the age of 18 years during the pendency of this appeal, thereby rendering the matter moot with respect to him ( see Slater-Mau v. Mau, 4 A.D.3d 658, 659; Matter of Carnese v. Wiegert, 273 A.D.2d 554, 556). With respect to the issue of custody of the younger child, we conclude that petitioner "failed to make a sufficient evidentiary showing to warrant a hearing" ( Matter of Lynette L. v. Richard K.A., 210 A.D.2d 1005, 1005; see Matter of Di Fiore v. Scott, 2 A.D.3d 1417, 1417-1418; Leisten v. Leisten, 309 A.D.2d 1202; Alessandro v. Alessandro, 172 A.D.2d 1078).