| Matter of Ryan M.B. v Mary R. |
| 2007 NY Slip Op 07108 [43 AD3d 1304] |
| September 28, 2007 |
| Appellate Division, Fourth Department |
| In the Matter of Ryan M.B., Appellant, v Mary R. et al.,Respondents. |
—[*1] Lou Anne Rucynski Coleman, Oswego, D.J. & J.A. Cirando, Esqs., Syracuse (John A.Cirando of counsel), for respondents-respondents Martha R. and Lyle R.
Appeal from an order of the Family Court, Oswego County (David J. Roman, J.), enteredJuly 17, 2006 in a proceeding pursuant to Family Court Act article 6. The order granted themotion of respondents and the Law Guardian to dismiss the amended petition.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissedwithout costs.
Memorandum: Petitioner appeals from an order granting the motion of respondents and theLaw Guardian to dismiss his amended petition seeking visitation with his child. Inasmuch aspetitioner specified in the amended petition that he was seeking visitation with his child "duringthe time of his incarceration" and he was released from incarceration during the pendency of thisappeal, the appeal is moot (see generallyMatter of Demetrius B., 28 AD3d 1249, 1250 [2006], lv denied 7 NY3d 707[2006]). Present—Hurlbutt, J.P., Gorski, Lunn, Fahey and Peradotto, JJ.