Opinion
2011-12-8
In the Matter of Hillary M. REVET, Appellant, v. Justin J. REVET, Respondent.
John A. Cirando, Syracuse, for appellant. Marsha K. Purdue, Glens Falls, for respondent.
John A. Cirando, Syracuse, for appellant. Marsha K. Purdue, Glens Falls, for respondent. *919 Gerald J. Ducharme, Canton, attorney for the child.
BEFORE: MERCURE, ACTING P.J., PETERS, SPAIN, ROSE and KAVANAGH, JJ.
PETERS, J.
Appeal from an order of the Supreme Court (Main Jr., J.), entered September 17, 2010 in St. Lawrence County, which dismissed petitioner's application, in a proceeding pursuant to Family Ct. Act article 6, to modify a prior order of custody.
On this appeal, petitioner challenges the dismissal of her petition to modify the provisions of a September 2, 2010 order granting respondent certain periods of weekly visitation with the parties' child (born in 1999). In light of our decision in a companion appeal vacating the weekly visitation schedule set forth in the September 2010 order ( Matter of Revet v. Revet, –––A.D.3d ––––, 933 N.Y.S.2d 780 decided herewith), the current appeal is now moot.
ORDERED that the appeal is dismissed, as moot, without costs.