| Matter of Hershko v Hershko |
| 2013 NY Slip Op 00741 [103 AD3d 635] |
| February 6, 2013 |
| Appellate Division, Second Department |
| In the Matter of Esther Hershko,Appellant, v Itzhak Hershko, Respondent. |
—[*1] Judith Ellen Stone, Merrick, N.Y., attorney for the child.
In a custody and visitation proceeding pursuant to Family Court Act article 6, themother appeals from an order of the Family Court, Nassau County (LoPresti, Ct. Atty.Ref.), dated September 28, 2011, which dismissed her petition to modify a prior order ofthe same court (Singer, J.) dated September 17, 2009.
Ordered that the appeal is dismissed as academic, without costs or disbursements.
Since the subject child is now over 18 years of age, she is no longer subject to theorder appealed from, and the appeal must be dismissed as academic (see Matter of Julian B. vWilliams, 97 AD3d 671 [2012]; Matter of Bartley v Pringle, 90 AD3d 653 [2011]; Matter of Merando vVantassel, 66 AD3d 783, 784 [2009]; Matter of McMillian v Rizzo, 65 AD3d 689 [2009]).Skelos, J.P., Dickerson, Chambers and Hinds-Radix, JJ., concur.
Motion by the appellant, on an appeal from an order of the Family Court, NassauCounty, dated September 28, 2011, to strike stated portions of the brief of the attorneyfor the child. [*2]By decision and order on motion of thisCourt dated November 29, 2012, the motion was held in abeyance and referred to thepanel of Justices hearing the appeal for determination upon the argument or submissionthereof.
Upon the papers filed in support of the motion and the papers filed in oppositionthereto, and upon the submission of the appeal, it is,
Ordered that the motion is denied as academic in light of the dismissal of the appeal.Skelos, J.P., Dickerson, Chambers and Hinds-Radix, JJ., concur.