Opinion
693 CAF 17–01419
06-08-2018
KOSLOSKY & KOSLOSKY, UTICA (WILLIAM L. KOSLOSKY OF COUNSEL), FOR RESPONDENT–APPELLANT.
KOSLOSKY & KOSLOSKY, UTICA (WILLIAM L. KOSLOSKY OF COUNSEL), FOR RESPONDENT–APPELLANT.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, DEJOSEPH, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.Memorandum: On appeal from an order in which Family Court, inter alia, found that respondent violated a temporary order of protection, respondent's sole contention is that the court exceeded its authority in imposing two consecutive six-month jail terms based on the violations. The appeal from the order "is academic ... [because respondent] has served the period of incarceration, and there is no ameliorative action for this Court to take" ( Matter of Trentacoste v. Trentacoste, 211 A.D.2d 724, 726, 621 N.Y.S.2d 374 [2d Dept. 1995], lv denied 86 N.Y.2d 707, 632 N.Y.S.2d 500, 656 N.E.2d 599 [1995] ; see Matter of Geritano v. Geritano, 212 A.D.2d 788, 788, 624 N.Y.S.2d 858 [2d Dept. 1995] ).