Opinion
12-17-2014
In the Matter of Alane M. KRIPFGANS, appellant, v. Richard KRIPFGANS, respondent.
A. Omotayo Orederu, Glenville, N.Y., for appellant. Janis A. Parazzelli, Floral Park, N.Y., attorney for the child.
A. Omotayo Orederu, Glenville, N.Y., for appellant.
Janis A. Parazzelli, Floral Park, N.Y., attorney for the child.
Opinion Appeal from an order of the Family Court, Queens County (Dennis Lebwohl, J.), dated May 30, 2013. The order, insofar as appealed from, granted, without a hearing, the father's motion to dismiss the mother's petition to modify the custody and visitation provisions of a stipulation of settlement entered into by the parties.
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
Since the subject child is now over 18 years of age, she is no longer subject to the order appealed from (see Matter of Pecchioni v. Cusma, 119 A.D.3d 589, 590, 987 N.Y.S.2d 875 ; Matter of Cahill v. Zakian, 71 A.D.3d 765, 765, 895 N.Y.S.2d 738 ; Matter of Merando v. Vantassel, 66 A.D.3d 783, 784, 886 N.Y.S.2d 356 ; Belsky v. Belsky, 172 A.D.2d 576, 576, 568 N.Y.S.2d 627 ; see also Matter of Fortunato v. Murray, 91 A.D.3d 947, 948, 937 N.Y.S.2d 604 ). Accordingly, the appeal must be dismissed as academic.
DILLON, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.