Opinion
04-05-2016
Amy WILENSKY, Plaintiff–Appellant/Respondent, v. Ben HON, Defendant–Respondent/Appellant.
Schlam Stone & Dolan LLP, New York (Elizabeth Wolstein of counsel), for appellant/respondent. Lawrence B. Goodman, New York, for respondent/appellant.
Schlam Stone & Dolan LLP, New York (Elizabeth Wolstein of counsel), for appellant/respondent.
Lawrence B. Goodman, New York, for respondent/appellant.
Order, Supreme Court, New York County (Barbara Jaffe, J.), entered November 28, 2012, which, inter alia, awarded plaintiff mother primary physical and legal custody of the parties' children, and order, same court (Matthew Cooper, J.), entered April 4, 2014, which scheduled a hearing on defendant father's motion to modify custody, adhered to the schedule increasing defendant's parenting time in an order entered on or about March 19, 2014, and denied plaintiff's cross motion to vacate the March 19, 2014 order and to strike an expert report, unanimously affirmed to the extent a hearing was scheduled and the appeal otherwise dismissed, without costs, as academic.
The motion court correctly scheduled a hearing on the father's motion to modify custody based upon an initial showing of a change in circumstances (Matter of Patricia C. v. Bruce L., 46 A.D.3d 399, 848 N.Y.S.2d 102 [1st Dept.2007] ). The remainder of these appeals have otherwise been rendered academic by an order of the same court (Matthew F. Cooper, J.), entered on or about December 22, 2014, which, after a hearing, awarded defendant permanent legal and physical custody of the children (see e.g. Matter of Brenda J. v. Nicole M., 59 A.D.3d 299, 300, 873 N.Y.S.2d 304 [1st Dept.2009] ; Haggerty v. Haggerty, 78 A.D.3d 998, 911 N.Y.S.2d 639 [2d Dept.2010] ; see also Matter of Victoria W., 305 A.D.2d 126, 757 N.Y.S.2d 749 [1st Dept.2003] ).
TOM, J.P., FRIEDMAN, RICHTER, GISCHE, GESMER, JJ., concur.