Matter of Lind v Sepulveda

2009 NY Slip Op 07170 [66 AD3d 1087]

October 8, 2009

Appellate Division, Third Department

As corrected through Wednesday, December 9, 2009

In the Matter of Brenda M. Lind, Respondent, v Ramon Sepulveda,Appellant.

—[*1]Eugene P. Grimmick, Troy, for appellant.Garry, J. Appeal from an order of the Family Court of Rensselaer County (Griffin, J.), enteredMay 1, 2008, which, in a proceeding pursuant to Family Ct Act article 4, committed respondentto jail for a term of 120 days.

Respondent appeals from an order which committed him to jail for his willful failure to paychild support. His counsel seeks to be relieved of representing him, arguing that no nonfrivolousappellate issues exist. Respondent has already served his jail sentence and solely appealed fromthe order of commitment. Accordingly, respondent's appeal has been rendered moot and must bedismissed, and there is no need to consider counsel's request to be relieved of his assignment (see Matter of Commissioner of SocialServs. v Mason, 61 AD3d 1017, 1017-1018 [2009]; see also Matter of Franklin County Dept. of Social Servs. v Grant, 54AD3d 1103 [2008]; Matter of St.Lawrence County Dept. of Social Servs. v Pratt, 24 AD3d 1050 [2005], lvdenied 6 NY3d 713 [2006]).

Mercure, J.P., Lahtinen, Kane and McCarthy, JJ., concur. Ordered that the appeal isdismissed, as moot, without costs.