Opinion
December 20, 1990
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
Defendant commenced a custody proceeding in Family Court after plaintiff had taken the parties' child to live with her parents in Texas. Plaintiff subsequently commenced an action for divorce and other relief in Supreme Court. The two actions were later consolidated. Final judgment of divorce incorporating the terms of the stipulation was entered on July 11, 1990. No appeal was taken from the judgment. Because the judgment was not appealed, the issues raised in this appeal are moot and the appeal must be dismissed (see, Newton-Abbott Volunteer Fire Co. v. American Empire Ins. Co., 84 A.D.2d 942, lv. denied 57 N.Y.2d 602; Matter of Sacco v. Profit, 133 A.D.2d 535).
Concur — Kupferman, J.P., Ross, Rosenberger, Asch and Wallach, JJ.