Opinion
11-13-2015
In the Matter of Robert E. TROMBLEY, Jr., Petitioner–Respondent, v. Kristin S. PAYNE, Respondent–Appellant. In the Matter of Kristin S. Payne, Petitioner–Appellant, v. Robert E. Trombley, Jr., Respondent–Respondent.
Keliann M. Argy, Orchard Park, for Respondent–Appellant and Petitioner–Appellant. Michael Steinberg, Rochester, for Petitioner–Respondent and Respondent–Respondent. Fares A. Rumi, Attorney for the Children, Rochester.
Keliann M. Argy, Orchard Park, for Respondent–Appellant and Petitioner–Appellant.
Michael Steinberg, Rochester, for Petitioner–Respondent and Respondent–Respondent.
Fares A. Rumi, Attorney for the Children, Rochester.
Opinion
MEMORANDUM:
Respondent-petitioner mother appeals from an order that, inter alia, dismissed her cross petition seeking modification of a prior custody order and sole custody of the children. While this appeal was pending, the parties filed additional modification petitions and, after a hearing, Family Court issued an order continuing sole custody of the children with petitioner-respondent father and visitation with the mother. We conclude that this appeal is therefore moot (see Matter of Smith v. Cashaw [Appeal No. 1], 129 A.D.3d 1551, 1551, 9 N.Y.S.3d 899 ; Matter of Morgia v. Horning [Appeal No. 1], 119 A.D.3d 1355, 1355, 988 N.Y.S.2d 508 ; Matter of Kirkpatrick v. Kirkpatrick, 117 A.D.3d 1575, 1576, 985 N.Y.S.2d 368 ), and the exception to the mootness doctrine does not apply (see Smith, 129 A.D.3d at 1551, 9 N.Y.S.3d 899 ; Kirkpatrick, 117 A.D.3d at 1576, 985 N.Y.S.2d 368 ; see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
CENTRA, J.P., PERADOTTO, LINDLEY, VALENTINO, and WHALEN, JJ., concur.