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Ont. Cnty. Support Collection Unit ex rel. Popple v. Falconer

Supreme Court, Appellate Division, Fourth Department, New York.
Oct 9, 2015
132 A.D.3d 1354 (N.Y. App. Div. 2015)

Opinion

10-09-2015

In the Matter of ONTARIO COUNTY SUPPORT COLLECTION UNIT, on Behalf of Kristine Popple, Petitioner–Respondent, v. Christopher W. FALCONER, Respondent–Appellant.

Tyson Blue, Macedon, for Respondent–Appellant. John W. Park, County Attorney, Canandaigua (Barry D. McFadden of Counsel), for Petitioner–Respondent.


Tyson Blue, Macedon, for Respondent–Appellant.

John W. Park, County Attorney, Canandaigua (Barry D. McFadden of Counsel), for Petitioner–Respondent.

Opinion

MEMORANDUM:Respondent father appeals from an order committing him to jail for a term of six months for his wilful violation of an order of child support. “Inasmuch as respondent's appeal is from the order revoking the suspension of his sentence and, according to [respondent], his ... jail term has already been served, we conclude that the instant appeal is moot and must be dismissed” (Matter of St. Lawrence County Support Collection Unit v. Griffith, 101 A.D.3d 1318, 1318, 956 N.Y.S.2d 631 ; see Matter of Barksdale v. Gore, 101 A.D.3d 1742, 1743, 955 N.Y.S.2d 912 ; Matter of Lomanto v. Schneider, 78 A.D.3d 1536, 1537, 911 N.Y.S.2d 531 ; Matter of St.

Lawrence County Dept. of Social Servs. v. Pratt, 24 A.D.3d 1050, 1050, 806 N.Y.S.2d 309, lv. denied 6 N.Y.3d 713, 816 N.Y.S.2d 748, 849 N.E.2d 971 ; cf. Matter of Bickwid v. Deutsch, 87 N.Y.2d 862, 863, 638 N.Y.S.2d 932, 662 N.E.2d 250 ).

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, and DeJOSEPH, JJ., concur.


Summaries of

Ont. Cnty. Support Collection Unit ex rel. Popple v. Falconer

Supreme Court, Appellate Division, Fourth Department, New York.
Oct 9, 2015
132 A.D.3d 1354 (N.Y. App. Div. 2015)
Case details for

Ont. Cnty. Support Collection Unit ex rel. Popple v. Falconer

Case Details

Full title:In the Matter of ONTARIO COUNTY SUPPORT COLLECTION UNIT, on Behalf of…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Oct 9, 2015

Citations

132 A.D.3d 1354 (N.Y. App. Div. 2015)
17 N.Y.S.3d 379
2015 N.Y. Slip Op. 7368