| Matter of Commissioner of Social Servs. v Mason |
| 2009 NY Slip Op 02490 [61 AD3d 1017] |
| April 2, 2009 |
| Appellate Division, Third Department |
| In the Matter of Commissioner of Social Services, on Behalf ofDiane Jacobs, Respondent, v William Mason, Appellant. (Proceeding No. 1.) In the Matter ofCommissioner of Social Services, on Behalf of Denise Rubio, Respondent, v William Mason,Appellant. (Proceeding No. 2.) |
—[*1] Daniel J. Tuczinski, County Attorney, Hudson (Charles Edwin Hoag Jr. of counsel), forrespondent.
Cardona, P.J. Appeals from two orders of the Family Court of Columbia County (Nichols,J.), entered March 14, 2007, which, in two proceedings pursuant to Family Ct Act article 4,committed respondent to jail for terms of 60 days in proceeding No. 1 and six months inproceeding No. 2.[*2]
Respondent appeals from orders in separate proceedingswhich committed him to jail for his willful failure to pay child support. Respondent's counselseeks to be relieved of representing respondent, asserting that there are no nonfrivolous issues tobe raised on appeal. Based upon our review of the record and inasmuch as respondent has onlyappealed from the orders of commitment and has already served his jail sentence in bothproceedings, we conclude that the appeals have been rendered moot and must be dismissed (see Matter of Franklin County Dept. ofSocial Servs. v Grant, 54 AD3d 1103 [2008]; Matter of St. Lawrence County Dept. of Social Servs. v Pratt, 24 AD3d1050 [2005], lv denied 6 NY3d 713 [2006]). Consequently, we need not addresscounsel's request to be relieved of his assignment (see Matter of Senator NN., 21 AD3d 1187, 1188 [2005];People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]).
Rose, Kane, Kavanagh and Stein, JJ., concur. Ordered that the appeals are dismissed, asmoot, without costs.