Matter of St. Lawrence County Department of Social Services v Vincent Pratt

Matter of St. Lawrence County Dept. of Social Servs. v Pratt 2005 NY Slip Op 09779 [24 AD3d 1050] December 22, 2005 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

In the Matter of St. Lawrence County Department of Social Services, on Behalf of Joanne Petrie, Respondent, v Vincent Pratt, Appellant.

—[*1]Carpinello, J. Appeal from an order of the Family Court of St. Lawrence County (Potter, J.), entered October 5, 2004, which, in a proceeding pursuant to Family Ct Act article 4, revoked respondent's suspended sentence of incarceration.

Respondent appeals from an order revoking a September 2003 suspended sentence and committing him to jail for 90 days.[FN*] As respondent has served this 90-day sentence, the instant appeal is moot (see Matter of Conroy v Elreedy-Conroy, 17 AD3d 721, 721-722 [2005]; Matter of Sales v Brozzo, 3 AD3d 807 [2004], lv denied 2 NY3d 706 [2004]; Matter of Sabrina O., 309 AD2d 984 [2003]; Matter of Madison County Support Collection Unit v Drennan, 156 AD2d 883 [1989]). To the extent that respondent claims that this matter is not moot because "a finding of contempt [and willful violation] may have significant collateral [*2]consequences" for him, we note simply that he did not appeal from the September 2003 order finding him in willful violation of child support (cf. Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of Moore v Blank, 8 AD3d 1090, 1090-1091 [2004], lv denied 3 NY3d 606 [2004]) and therefore this issue is not properly before us (see Matter of Sales v Brozzo, supra at 807-808; Matter of Dauria v Dauria, 286 AD2d 879, 880 [2001]).

Crew III, J.P., Rose and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs. Footnotes

Footnote *: The September 2003 order committed respondent to jail for 120 days for his willful failure to pay child support, but suspended 90 days of the sentence on certain conditions.