| Matter of Brown v Jimenez |
| 2011 NY Slip Op 07419 [88 AD3d 875] |
| October 18, 2011 |
| Appellate Division, Second Department |
| In the Matter of Garfield Brown, Respondent, v LydiaJimenez, Appellant. (Proceeding No. 1.) In the Matter of Lydia Jimenez, Appellant, v GarfieldBrown, Respondent. (Proceeding No. 2.) |
—[*1] Catherine Sheridan, Attorney at Law, P.C., Carle Place, N.Y., attorney for the child.
In related proceedings pursuant to Family Court Act article 6, the mother appeals from (1) anorder of the Family Court, Nassau County (Zimmerman, J.), dated August 19, 2010, which,without a hearing, dismissed the father's petition in proceeding No. 1 for modification of acustody and visitation order of the same court dated April 7, 2010, and (2) an order of the samecourt, also dated August 19, 2010, which, without a hearing, dismissed her two petitions inproceeding No. 2, one alleging that the father violated certain provisions of the custody andvisitation order dated April 7, 2010, and the other seeking modification of that order, inter alia,so as to award her sole custody of the subject child.
Ordered that the appeal from the first order dated August 19, 2010, dismissing the father'spetition, is dismissed, as the mother is not aggrieved thereby (see CPLR 5511); and it isfurther,
Ordered that the appeal from the second order dated August 19, 2010, dismissing themother's two petitions, is dismissed as academic, without costs or disbursements.
Since the parties' child is now over 18 years of age, he is no longer subject to the secondorder appealed from. Accordingly, the appeal from the second order has been rendered academic(see Matter of Cahill v Zakian, 71AD3d 765 [2010]; Matter ofMerando v Vantassel, 66 AD3d 783 [2009]). Mastro, J.P., Angiolillo, Belen and Lott,JJ., concur.