Matter of Julian B. v Williams

2012 NY Slip Op 05517 [97 AD3d 671]

July 11, 2012

Appellate Division, Second Department

As corrected through Wednesday, August 22, 2012

In the Matter of Julian B., Appellant, v Nioka Williams,Respondent.

—[*1]Jeffrey C. Bluth, Brooklyn, N.Y., for appellant.

Anna Stern, New York, N.Y., for respondent.

Karen Simmons, Brooklyn, N.Y. (Sena Kim-Reuter and Janet Neustaetter of counsel),attorney for the child.

In a custody and visitation proceeding pursuant to Family Court Act article 6, the fatherappeals from an order of the Family Court, Kings County (Hepner, J.), dated June 14, 2011,which denied, without a hearing, his petition to modify a prior order of custody and visitationdated February 14, 2011, so as to award him sole custody of Samia B.

Ordered that the appeal from the order dated June 14, 2011, is dismissed as academic,without costs or disbursements.

Since the subject child, Samia B., is now 18 years of age, she is no longer subject to the orderappealed from, and the appeal must be dismissed as academic (see Matter of Bartley v Pringle, 90AD3d 653 [2011]; Matter of Brownv Jimenez, 88 AD3d 875, 876 [2011]; Matter of Cahill v Zakian, 71 AD3d 765 [2010]; Matter of Merando v Vantassel, 66AD3d 783 [2009]). Dillon, J.P., Dickerson, Belen and Sgroi, JJ., concur.