Opinion
APPELLATE DIVISION DOCKET NO. CAF 17-00440 DOCKET NO. V-06099-04-15A
10-17-2017
MATTER OF CHRISTOPHER J. SCHIEBLE, SR., PETITIONER-RESPONDENT, v. MICHELE R. SWANTEK, RESPONDENT-RESPONDENT.
NORMAN P. DEEP, ESQ., ATTORNEY FOR THE CHILD, APPELLANT.
NORMAN P. DEEP, ESQ., ATTORNEY FOR THE CHILD, APPELLANT. PRESENT:
Respondent-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on April 25, 2016,
Now, upon reading and filing the affirmation of William L. Koslosky, Esq., dated September 11, 2017, the affidavit of Michele R. Swantek, sworn to September 11, 2017, the notice of motion with proof of service thereof, and the affirmation of Norman P. Deep, Esq., dated September 23, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed on the ground that appellant waived all rights to pursue payment for any work associated with the matter, rendering the appeal academic, and the exception to the mootness doctrine does not apply (see generally Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 810-811, cert denied 540 US 1017).
Entered: October 17, 2017
MARK W. BENNETT, Clerk