| Matter of Franklin County Dept. of Social Servs. v Grant |
| 2008 NY Slip Op 06900 [54 AD3d 1103] |
| September 18, 2008 |
| Appellate Division, Third Department |
| In the Matter of Franklin County Department of Social Services, onBehalf of Janie A. Bussey, Respondent, v Glenn G. Grant, Appellant. |
—[*1] Emily S. Cartwright, Franklin County Department of Social Services, Malone, forrespondent.
Rose, J. Appeal from an order of the Family Court of Franklin County (Main, Jr., J.), enteredApril 20, 2007, which, in a proceeding pursuant to Family Ct Act article 4, revoked respondent'ssuspended sentence of incarceration.
Respondent appeals from an order revoking an October 2006 suspended sentence andcommitting him to jail for 150 days for his willful failure to pay child support. Inasmuch as theparties do not dispute that respondent has served his sentence and failed to appeal from theOctober 2006 order finding him in willful violation of child support, the instant appeal must bedismissed as moot (see Matter of St.Lawrence County Dept. of Social Servs. v Pratt, 24 AD3d 1050, 1050 [2005], lvdenied 6 NY3d 713 [2006]; Matterof Conroy v Elreedy-Conroy, 17 AD3d 721, 721-722 [2005]).
Cardona, P.J., Peters, Kavanagh and Stein, JJ., concur. Ordered that the appeal is dismissed,as moot, without costs.