Opinion
10-09-2015
In the Matter of ONTARIO COUNTY SUPPORT COLLECTION UNIT, on Behalf of Kristine Popple, Petitioner–Respondent, v. Christopher W. FALCONER, Respondent–Appellant.
Tyson Blue, Macedon, for Respondent–Appellant. John W. Park, County Attorney, Canandaigua (Barry D. McFadden of Counsel), for Petitioner–Respondent.
Tyson Blue, Macedon, for Respondent–Appellant.
John W. Park, County Attorney, Canandaigua (Barry D. McFadden of Counsel), for Petitioner–Respondent.
Opinion
MEMORANDUM:Respondent father appeals from an order committing him to jail for a term of six months for his wilful violation of an order of child support. “Inasmuch as respondent's appeal is from the order revoking the suspension of his sentence and, according to [respondent], his ... jail term has already been served, we conclude that the instant appeal is moot and must be dismissed” (Matter of St. Lawrence County Support Collection Unit v. Griffith, 101 A.D.3d 1318, 1318, 956 N.Y.S.2d 631 ; see Matter of Barksdale v. Gore, 101 A.D.3d 1742, 1743, 955 N.Y.S.2d 912 ; Matter of Lomanto v. Schneider, 78 A.D.3d 1536, 1537, 911 N.Y.S.2d 531 ; Matter of St.
Lawrence County Dept. of Social Servs. v. Pratt, 24 A.D.3d 1050, 1050, 806 N.Y.S.2d 309, lv. denied 6 N.Y.3d 713, 816 N.Y.S.2d 748, 849 N.E.2d 971 ; cf. Matter of Bickwid v. Deutsch, 87 N.Y.2d 862, 863, 638 N.Y.S.2d 932, 662 N.E.2d 250 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, and DeJOSEPH, JJ., concur.