Opinion
V-5700-15/19C V-5701-15/19C V-5702-15/19C V-5703-15/19C
10-27-2021
In the Matter of Nancy Sanchez, respondent, v. Cesar Urrutia, appellant.
Thomas T. Keating, Dobbs Ferry, NY, for appellant. Roberta Fox, Sea Cliff, NY, attorney for the children.
Thomas T. Keating, Dobbs Ferry, NY, for appellant.
Roberta Fox, Sea Cliff, NY, attorney for the children.
MARK C. DILLON, J.P. LINDA CHRISTOPHER PAUL WOOTEN JOSEPH A. ZAYAS, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Nassau County (Robert LoPresti, Ct. Atty. Ref.), dated May 4, 2020. The order, upon a decision of the same court dated May 4, 2020, made after a hearing, in effect, granted the mother's petition to modify an order of custody and parental access of the same court (Felice J. Muraca, J.) dated August 12, 2016, so as to award her sole legal and residential custody of the parties' children and to permit her to relocate with the children to New Jersey.
ORDERED that the appeal from the order dated May 4, 2020, is dismissed as academic, without costs or disbursements.
Subsequent to the entry of the order appealed from, one of the children turned 18 and the Family Court issued a modified order of custody and parental access dated March 29, 2021, which settled all pending custody issues as to the other children. Consequently, a determination of the instant appeal would not "result in immediate and practical consequences to the parties" (Matter of Elizabeth C. [Omar C.], 156 A.D.3d 193, 199 [internal quotation marks omitted]), and the appeal from the order dated May 4, 2020, must be dismissed as academic (see Matter of McKeever v Sclafani, 194 A.D.3d 938, 938; Matter of Paoli v Paoli, 29 A.D.3d 804, 804-805).
DILLON, J.P., CHRISTOPHER, WOOTEN and ZAYAS, JJ., concur.