Opinion
2013-03-28
In the Matter of Shawn M. DYE, Respondent, v. Amanda L. BERNIER, Now Known as Amanda L. Bernier–Hucks, Appellant.
Paul J. Connolly, Delmar, for appellant. William L. Koslosky, Utica, attorney for the child.
Paul J. Connolly, Delmar, for appellant. William L. Koslosky, Utica, attorney for the child.
Before: MERCURE, J.P., ROSE, McCARTHY and GARRY, JJ.
McCARTHY, J.
Appeal from an order of the Family Court of Otsego County (Lambert, J.), entered February 2, 2012, which granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 6, for custody of the parties' child.
In February 2012, Family Court granted petitioner's application for sole custody of the parties' child. Respondent appealed. Respondent subsequently filed a petition seeking custody. In November 2012, the court, upon the parties' consent, granted respondent sole custody. This subsequent order, which provides respondent with all the relief she seeks and supercedes the order being appealed, renders the appeal moot ( see Matter of Rolston v. Decker, 94 A.D.3d 1264, 1264, 941 N.Y.S.2d 895 [2012];Matter of Dickerson v. Knox, 89 A.D.3d 1290, 1291, 932 N.Y.S.2d 586 [2011];Matter of Stalker v. Stalker, 88 A.D.3d 1177, 1178, 932 N.Y.S.2d 202 [2011] ).
ORDERED that the appeal is dismissed, as moot, without costs.
MERCURE, J.P., ROSE and GARRY, JJ., CONCUR.