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Seoane v. Nunez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 14, 2020
187 A.D.3d 926 (N.Y. App. Div. 2020)

Opinion

2019–03782 Docket Nos. V–29341–08/14A V–29341–08/14B V–29341–08/14C V–19966–11/14A V–19966–11/14B V–19966–11/14C V–13206–15

10-14-2020

In the Matter of Fernando SEOANE, petitioner- respondent, v. Martha NUNEZ, appellant, et al., respondents.

Elliot Green, Brooklyn, NY, for appellant. William C. Hoffman, Brooklyn, NY, for petitioner-respondent. Karen P. Simmons, Brooklyn, N.Y. (Louise Feld and Janet Neustaetter of counsel), attorney for the child.


Elliot Green, Brooklyn, NY, for appellant.

William C. Hoffman, Brooklyn, NY, for petitioner-respondent.

Karen P. Simmons, Brooklyn, N.Y. (Louise Feld and Janet Neustaetter of counsel), attorney for the child.

LEONARD B. AUSTIN, J.P., JOHN M. LEVENTHAL, SHERI S. ROMAN, BETSY BARROS, JJ.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Elizabeth Barnett, J.), dated March 25, 2019. The order, insofar as appealed from, after a hearing, granted those branches of the maternal uncle's motion which were to modify certain provisions of an order of custody and parental access of the same court dated February 16, 2018.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

Since the subject child has turned 18 years of age, he is no longer subject to the jurisdiction of the Family Court over issues of custody and parental access. Accordingly, the appeal should be dismissed as academic (see Matter of Johnson v. Schreurs, 177 A.D.3d 742, 743, 110 N.Y.S.3d 318 ; Matter of De Oliveira v. De Oliveira, 151 A.D.3d 1062, 54 N.Y.S.3d 592 ).

AUSTIN, J.P., LEVENTHAL, ROMAN and BARROS, JJ., concur.


Summaries of

Seoane v. Nunez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 14, 2020
187 A.D.3d 926 (N.Y. App. Div. 2020)
Case details for

Seoane v. Nunez

Case Details

Full title:In the Matter of Fernando Seoane, petitioner- respondent, v. Martha Nunez…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Oct 14, 2020

Citations

187 A.D.3d 926 (N.Y. App. Div. 2020)
187 A.D.3d 926
2020 N.Y. Slip Op. 5761

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