IN THE MATTER OF CURBELO v. CLEMENTE

ORDERED that the notice of appeal from the order dated May 28, 2003, is deemed a premature notice of appeal from the order dated September 11, 2003 ( see CPLR 5520[c]); and it is further,

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The father was committed to jail for a period of 120 days for his willful violation of an order of support. As the father has since been released from incarceration upon payment of the purge amount, and he does not challenge the finding of a willful violation, the appeal must be dismissed as academic ( see Matter of Donahue v. Buisch, 258 A.D.2d 826; Fiedler v. Medler, 230 A.D.2d 822; Federal Deposit Ins. Corp. v. Wolkoff, 209 A.D.2d 469).

KRAUSMAN, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.