Opinion
No. CAF 04-02726.
November 17, 2006.
Appeal from an order of the Family Court, Monroe County (John J. Rivoli, J.), entered September 24, 2004 in a proceeding pursuant to Family Court Act article 6. The order, inter alia, modified an order of custody.
Before: Present — Scudder, J.P., Martoche, Centra and Pine, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.
Memorandum: Respondent-petitioner appeals from an order granting the petition of petitioner-respondent (petitioner) for modification of an order of custody, awarding him visitation and denying his cross petition for sole custody. While this appeal was pending, a new custody proceeding was held and petitioner was granted permission for the children to relocate with her to Virginia. Thus, the instant appeal is moot ( see Matter of Walker v Adams, 31 AD3d 1018; Matter of Tiffany S. v Otsego County Dept. of Social Servs., 278 AD2d 607 [2000]).