Matter of Cahill v Zakian
2010 NY Slip Op 01959 [71 AD3d 765]
March 9, 2010
Appellate Division, Second Department
As corrected through Wednesday, April 28, 2010


In the Matter of Robert Lee Cahill, Jr.,Appellant,
v
Maureen Zakian, Respondent.

[*1]Carol Kahn, New York, N.Y., for appellant.

Catherine S. Bridge, Staten Island, N.Y., attorney for the child.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, aslimited by his brief, from so much of an order of the Family Court, Richmond County (McElrath,J.), dated September 18, 2008, as, upon confirming a referee's report (Stanton, Ct. Atty. Ref.),dated August 27, 2008, granted the motion of the attorney for the child for summary judgmentdismissing the father's petition to modify a prior custody order so as to award him sole custodyof the subject child.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

Since the child is now over 18 years of age, he is no longer subject to the order appealedfrom (see Matter of Merando vVantassel, 66 AD3d 783 [2009]). Skelos, J.P., Florio, Hall and Austin, JJ., concur.


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