Rolston v. Decker

MALONE JR.

Lisa A. Burgess, Indian Lake, for appellant. Debra A. Whitson, Elizabethtown, for Lynn M. Rolston, respondent. Rebecca L. Fox., Schuyler Falls, for Andrew L. Rolston, respondent.Cheryl Maxwell, Plattsburgh, attorney for the child. Before: PETERS, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ. MALONE JR., J.

Appeal from an order of the Family Court of Essex County (Meyer, J.), entered April 19, 2011, which, among other things, granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 6, to modify a prior order of custody.

Respondent Jessica L. Decker (hereinafter respondent) is the mother of a child (born in 2003) and petitioner is the paternal grandmother of the child. In September 2009, petitioner commenced a modification proceeding seeking primary physical custody of the child, which was granted in an order entered April 19, 2011. Respondent appeals.

Clerk of the Court

Inasmuch as the parties entered into a February 2012 consent order that superceded the April 2011 order being appealed, this appeal has been rendered moot ( see Matter of Dickerson v. Knox, 89 A.D.3d 1290, 1291, 932 N.Y.S.2d 586 [2011]; Matter of Alexander K. [Jennifer N.], 77 A.D.3d 1023, 1024, 908 N.Y.S.2d 613 [2010] ).

ORDERED that the appeal is dismissed, as moot, without costs. PETERS, P.J., ROSE, LAHTINEN and KAVANAGH, JJ., concur.