Opinion
November 16, 1998
Appeal from the Family Court, Kings County (Pearce, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
On June 9, 1998, during the pendency of this appeal, the District Court of Bexar County in Texas awarded the petitioner custody of the subject child and the child returned to New York with the petitioner. Consequently, the petitioner's appeal is academic.
O'Brien, J. P., Sullivan, Krausman and Florio, JJ., concur.