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Cahill v. Zakian

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


March 9, 2010

IN THE MATTER OF ROBERT LEE CAHILL, JR., APPELLANT,
v.
MAUREEN ZAKIAN, RESPONDENT.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Richmond County (McElrath, J.), dated September 18, 2008, as, upon confirming a referee's report (Stanton, Ct. Atty. Ref.), dated August 27, 2008, granted the motion of the attorney for the child for summary judgment dismissing the father's petition to modify a prior custody order so as to award him sole custody of the subject 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., ANITA R. FLORIO, L. PRISCILLA HALL and LEONARD B. AUSTIN, JJ.

(Docket No. V-00057-06)

DECISION & ORDER

ORDERED that the appeal is dismissed as academic, without costs or disbursements. Since the child is now over 18 years of age, he is no longer subject to the order appealed from (see Matter of Merando v Vantassel, 66 AD3d 783).

SKELOS, J.P., FLORIO, HALL and AUSTIN, JJ., concur.

20100309

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