Opinion
525657
12-20-2018
In the Matter of Kristen HOLT, Petitioner, v. Benjamin GREINER, Appellant.
Christopher Hammond, Cooperstown, for appellant.
Christopher Hammond, Cooperstown, for appellant.
Before: Garry, P.J., McCarthy, Egan Jr., Devine and Clark, JJ.
MEMORANDUM AND ORDER
Devine, J.Appeal from an order of the Family Court of Broome County (Pines, J.), entered August 30, 2017, which, in a proceeding pursuant to Family Ct Act article 4, directed respondent to serve a suspended sentence of incarceration.
Family Court issued an order confirming that respondent had willfully violated a prior order of child support and ordered his incarceration for six months unless he made "a substantial payment toward his arrears" and remained current with his support obligation. No appeal was taken from that order. Respondent had made no progress in meeting his obligations by the time of the next court appearance, prompting Family Court to issue a second order directing him to serve the suspended sentence absent a payment of $7,595.93 to the Support Collection Unit. Respondent appeals from that order of commitment, but we take judicial notice that he was released from jail during the pendency of this appeal, a fact that renders such an appeal moot (see Matter of St. Lawrence County Support Collection Unit v. Griffith, 101 A.D.3d 1318, 1318, 956 N.Y.S.2d 631 [2012] ; Matter of Lewis v. Cross, 72 A.D.3d 1228, 1229, 897 N.Y.S.2d 783 [2010] ; Matter of Lind v. Sepulveda, 66 A.D.3d 1087, 1087–1088, 885 N.Y.S.2d 652 [2009] ; Matter of St. Lawrence County Dept. of Social Servs. v. Pratt, 24 A.D.3d 1050, 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] ; cf. Matter of St. Lawrence County Support Collection Unit v. Chad T., 124 A.D.3d 1031, 1032, 1 N.Y.S.3d 538 [2015] ). Accordingly, the appeal is dismissed.
ORDERED that the appeal is dismissed, as moot, without costs.
Garry, P.J., McCarthy, Egan Jr. and Clark, JJ., concur.