Matter of Jones v Tucker

Matter of Jones v Tucker 2015 NY Slip Op 00983 Decided on February 6, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 6, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND DEJOSEPH, JJ.
12 CAF 13-01327

[*1]IN THE MATTER OF CHRISTIAN L. JONES, PETITIONER-RESPONDENT,

v

LAURA S. TUCKER, RESPONDENT-APPELLANT.

Appeal from an order of the Family Court, Onondaga County (Salvatore Pavone, R.), entered May 16, 2013 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded petitioner sole legal and physical custody of the subject child.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE, HANCOCK ESTABROOK, LLP (ALAN J. PIERCE OF COUNSEL), PRO BONO APPEALS PROGRAM, ALBANY, FOR RESPONDENT-APPELLANT.

MARRIS & BARTHOLOMAE, P.C., SYRACUSE (WILLIAM R. BARTHOLOMAE OF COUNSEL), FOR PETITIONER-RESPONDENT.

SUSAN B. MARRIS, ATTORNEY FOR THE CHILD, MANLIUS.

It is hereby ORDERED that said appeal from the order insofar as it concerns visitation is unanimously dismissed and the order is affirmed without costs.

Memorandum: We affirm the order granting the petition seeking modification of a prior order of custody for reasons stated in the decision at Family Court. We note only that a subsequent order of the same court, entered July 22, 2014, which modified the provisions regarding visitation, has rendered moot the contention of respondent mother that the court erred in failing to provide her with more extensive visitation (see Matter of Kirkpatrick v Kirkpatrick, 117 AD3d 1575, 1576).

Entered: February 6, 2015

Frances E. Cafarell

Clerk of the Court