Opinion
03-17-2016
In the Matter of TIM BB., Appellant, v. MALCOLM AA., Respondent.
Michelle I. Rosien, Philmont, for appellant. O'Connor & Kruman, P.C., Cortland (A.L. Beth O'Connor of counsel), for respondent. Koslosky & Koslosky, Utica (William L. Koslosky of counsel), attorney for the children.
Michelle I. Rosien, Philmont, for appellant.
O'Connor & Kruman, P.C., Cortland (A.L. Beth O'Connor of counsel), for respondent.
Koslosky & Koslosky, Utica (William L. Koslosky of counsel), attorney for the children.
Before: PETERS, P.J., McCARTHY, EGAN JR. and LYNCH, JJ.
McCARTHY, J.
Appeal from an order of the Family Court of Cortland County (Campbell, J.), entered November 14, 2014, which, in a proceeding pursuant to Family Ct. Act article 8, granted respondent's motion to dismiss the petition.
Petitioner filed a petition seeking to modify/terminate a two-year order of protection in favor of, among others, four of his stepchildren stemming from a family offense petition. Respondent moved to dismiss the petition as facially insufficient, asserting that it failed to allege a significant change in circumstances to warrant a modification of the underlying order of protection. Family Court granted respondent's motion and this appeal ensued.
The underlying order of protection expired by its own terms in April 2015, and the record does not reveal that there have been any extensions. Therefore, the appeal has been rendered moot and must be dismissed (see Matter of Lina Y. v. Audra Z., 122 A.D.3d 1084, 1085, 997 N.Y.S.2d 503 [2014] ; Matter of Christopher NN. v. Bobby Jo OO., 59 A.D.3d 828, 828, 872 N.Y.S.2d 681 [2009] ).
ORDERED that the appeal is dismissed, as moot, without costs.
PETERS, P.J., EGAN JR. and LYNCH, JJ., concur.