Opinion
11818 Dkt. F-41352-16/18F
07-16-2020
In re LISA B., Petitioner–Respondent, v. BRUCE C., Respondent–Appellant.
Leslie S. Lowenstein, Woodmere, for appellant.
Leslie S. Lowenstein, Woodmere, for appellant.
Gische, J.P., Kapnick, Webber, Kern, Gonza´lez,JJ.
Appeal from order, Family Court, New York County (Adetokunbo O. Fasanya, J.), entered on or about August 14, 2018, which reversed an order of dismissal, same court (Tionnei Clarke, Support Magistrate), entered on or about June 21, 2018, and reinstated the petition alleging violation of a child support order, unanimously dismissed, nostra sponte, without costs, as moot.
Respondent argues on appeal that Family Court's reinstatement of the petition in its August 14, 2018 order was in error. He filed his notice of appeal on February 23, 2019. However, by the time of the filing, the Support Magistrate after a hearing of the petition on remand, dismissed the petition, and, in an order entered on or about February 6, 2019, Family Court affirmed the dismissal, thus rendering this appeal moot (see Matter of Jayding S. [Vanessa S.], 140 A.D.3d 542, 543, 32 N.Y.S.3d 498 [1st Dept. 2016] ; Matter of Quayshawn B., 253 A.D.2d 697, 680 N.Y.S.2d 790 [1st Dept. 1998] ).