Matter of Fredericks v Ambrose
2012 NY Slip Op 07298 [100 AD3d 632]
November 7, 2012
Appellate Division, Second Department
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


In the Matter of Shane Fredericks, Respondent,
v
AnnalaiseAmbrose, Appellant.

[*1]Larry S. Bachner, Jamaica, N.Y., for appellant.

In a custody and visitation proceeding pursuant to Family Court Act article 6, the motherappeals, as limited by her brief, from so much of an order of the Family Court, Kings County(Katz, J.), dated November 4, 2011, as, after a hearing, granted that branch of the father's petitionwhich sought permission for the father to travel abroad with the subject child from March 2012to April 2012.

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

The mother appeals from so much of the order as permitted the father to travel abroad withthe child from March 2012 to April 2012. Since the period of time during which the father soughtpermission to travel expired during the pendency of this appeal, the appeal has been renderedacademic (see Matter of Cisse vGraham, 87 AD3d 1008, 1009-1010 [2011]; Matter of Field v Stamile, 85 AD3d 1164, 1165 [2011]). Contraryto the appellant's contention, this matter does not warrant invoking the exception to the mootnessdoctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; Matter ofField v Stamile, 85 AD3d at 1165). Eng, P.J., Florio, Sgroi and Miller, JJ., concur.


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