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In the Matter of Hillary M. Revet v. Justin J. Revet

State of New York Supreme Court, Appellate Division Third Judicial Department


December 8, 2011

IN THE MATTER OF HILLARY M. REVET, APPELLANT,
v.
JUSTIN J. REVET, RESPONDENT.

Appeal from an order of the Supreme Court (Main Jr., J.), entered September 17, 2010 in St. Lawrence County, which dismissed petitioner's application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

The opinion of the court was delivered by: Peters, J.

MEMORANDUM AND ORDER

Calendar Date: October 13, 2011

Before: Mercure, Acting P.J., Peters, Spain, Rose and Kavanagh, JJ.

On this appeal, petitioner challenges the dismissal of her petition to modify the provisions of a September 2, 2010 order granting respondent certain periods of weekly visitation with the parties' child (born in 1999). In light of our decision in a companion appeal vacating the weekly visitation schedule set forth in the September 2010 order (Matter of Revet v Revet, ___ AD3d ___ [appeal No. 510629, decided herewith]), the current appeal is now moot.

Mercure, Acting P.J., Spain, Rose and Kavanagh, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court

20111208

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