Opinion
03-25-2016
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for Respondent–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for Respondent–Appellant.
Opinion
:
Respondent appeals from an order sentencing him to one year in jail upon a determination by Family Court that he violated the conditions of a sentence of probation. The court had imposed the sentence of probation after finding that respondent had willfully failed to comply with an order of child support. The appeal, by which respondent challenges only the legality of the term of incarceration, has been rendered moot by the fact that respondent has served the sentence in its entirety (see Matter of Dubois v. Piazza, 107 A.D.3d 1587, 1588, 968 N.Y.S.2d 291).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
WHALEN, P.J., SMITH, CARNI, NEMOYER, and CURRAN, JJ., concur.