Matter of Beck v Beck

Matter of Beck v Beck 2009 NY Slip Op 09653 [68 AD3d 1105] December 22, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Jo Ann Beck, Respondent,
v
Thomas Beck, Appellant, et al., Respondent.

—[*1]

Nancy J. Schneider, Washingtonville, N.Y., for appellant.

Christopher B. Kleister, Washingtonville, N.Y., for petitioner-respondent.

Ronna L. DeLoe, Mamaroneck, N.Y., attorney for the child.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Orange County (Klein, J.), dated December 1, 2008, which, after a hearing, granted the paternal grandmother's petition for sole custody of the oldest child.

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 the order appealed from (see Matter of McGovern v Lynch, 62 AD3d 712 [2009]; Matter of Sassower-Berlin v Berlin, 31 AD3d 771, 772 [2006]). Accordingly, the appeal has been rendered academic. Skelos, J.P., Dickerson, Eng and Sgroi, JJ., concur.