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Earp v. Kramer

Supreme Court of New York, Second Department
Nov 27, 2024
2024 N.Y. Slip Op. 5978 (N.Y. App. Div. 2024)

Opinion

No. 2022-07690 Docket No. V-5208-11/21P

11-27-2024

In the Matter of Michael Earp, appellant, v. Kristin Kramer, respondent.

Arza Rayches Feldman, Manhasset, NY, for appellant. Carol Kahn, New York, NY, for respondent. Geraldo Gutierrez, Jr., Poughkeepsie, NY, attorney for the child.


Arza Rayches Feldman, Manhasset, NY, for appellant.

Carol Kahn, New York, NY, for respondent.

Geraldo Gutierrez, Jr., Poughkeepsie, NY, attorney for the child.

MARK C. DILLON, J.P., PAUL WOOTEN, BARRY E. WARHIT, LILLIAN WAN, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Dutchess County (Joseph A. Egitto, J.), dated September 8, 2022. The order, after a hearing, denied the father's petition to modify the custody provisions of an order of the same court dated May 10, 2019, so as to award him physical custody of the subject child.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

Since the subject child has turned 18 years of age, she is no longer subject to the custody provisions of the order dated May 10, 2019. Accordingly, the appeal must be dismissed as academic (see Matter of Capruso v Kubow, 195 A.D.3d 614; Matter of Seoane v Nunez, 187 A.D.3d 926; Matter of Rodriguez v Sabbat, 185 A.D.3d 938).

DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur.


Summaries of

Earp v. Kramer

Supreme Court of New York, Second Department
Nov 27, 2024
2024 N.Y. Slip Op. 5978 (N.Y. App. Div. 2024)
Case details for

Earp v. Kramer

Case Details

Full title:In the Matter of Michael Earp, appellant, v. Kristin Kramer, respondent.

Court:Supreme Court of New York, Second Department

Date published: Nov 27, 2024

Citations

2024 N.Y. Slip Op. 5978 (N.Y. App. Div. 2024)