Opinion
2012-02-10
In the Matter of Timothy D. MIHALKO, Petitioner–Respondent, v. Cheri CHARLTON, Respondent–Appellant.
Appeal from an order of the Family Court, Chautauqua County (Paul G. Buchanan, J.), entered October 4, 2010 in a proceeding pursuant to Family Court Act article 6. The order awarded sole custody of the parties' child to petitioner.David J. Pajak, Alden, for respondent-appellant. Avery S. Olson, Attorney for the Child, Jamestown, for Timothy J.M.
Appeal from an order of the Family Court, Chautauqua County (Paul G. Buchanan, J.), entered October 4, 2010 in a proceeding pursuant to Family Court Act article 6. The order awarded sole custody of the parties' child to petitioner.David J. Pajak, Alden, for respondent-appellant. Avery S. Olson, Attorney for the Child, Jamestown, for Timothy J.M.
It is hereby ORDERED that said appeal is unanimously dismissed without costs as moot ( see Matter of Graham v. Thering, 55 A.D.3d 1319, 1320, 865N.Y.S.2d 799, lv. denied 11 N.Y.3d 714, 873 N.Y.S.2d 269, 901 N.E.2d 763; Matter of Krest v. Kawczynski, 9 A.D.3d 907, 907–908, 779 N.Y.S.2d 384).