| Matter of Hall v Shannon |
| 2009 NY Slip Op 01260 [59 AD3d 825] |
| February 19, 2009 |
| Appellate Division, Third Department |
| In the Matter of Michael G. Hall, Respondent, v Molly C. Shannon,Appellant. |
—[*1] Levene, Gouldin & Thompson, L.L.P., Vestal (Jacinta M. Testa of counsel), for respondent. Feyisitan Gaji, Law Guardian, Binghamton.
Kane, J. Appeal from an order of the Family Court of Broome County (Connerton, J.),entered January 25, 2008, which granted petitioner's application, in a proceeding pursuant toFamily Ct Act article 6, to modify a prior order of custody.
In a March 2007 order, Family Court granted the parties joint legal custody of their son,primary physical placement to respondent and visitation to petitioner. In January 2008, FamilyCourt granted petitioner's modification petition by continuing joint custody, transferring physicalplacement to petitioner and permitting liberal visitation with respondent as agreed upon by theparties. Respondent appealed. In October 2008, however, the court entered an order resolvingrespondent's modification petition upon stipulation of the parties, both of whom wererepresented by counsel. That order continued joint legal custody and primary physical placementwith petitioner, but set out a specific schedule for visitation with respondent. The order statedthat it resolved all pending petitions and superceded all prior orders. Under the circumstances,respondent's appeal from the January 2008 order, which was superceded by her stipulation asmemorialized in the October 2008 order, is moot (see Matter of Espinosa v Hernandez,265 AD2d 755, 756-757 [1999]).[*2]
Cardona, P.J., Rose and Stein, JJ., concur. Ordered thatthe appeal is dismissed, as moot, without costs.