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Beck v. Beck

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 22, 2009

IN THE MATTER OF JO ANN BECK, PETITIONER-RESPONDENT,
v.
THOMAS BECK, APPELLANT, ET AL., RESPONDENT.

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.

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.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, RANDALL T. ENG and SANDRA L. SGROI, JJ.

(Docket No. V-03148-08)

DECISION & ORDER

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; Matter of Sassower-Berlin v Berlin, 31 AD3d 771, 772). Accordingly, the appeal has been rendered academic.

SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.

20091222

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