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In the Matter of Timothy D. Mihalko v. Cheri Charlton

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 10, 2012

IN THE MATTER OF TIMOTHY D. MIHALKO,
PETITIONER-RESPONDENT,
v.
CHERI CHARLTON,
RESPONDENT-APPELLANT.

Appeal from an order of the Family Court, Chautauqua County (Paul G. Buchanan, J.), entered October 4, 2010 in a proceeding pursuant to Family Court Act article 6.

Matter of Matter of Mihalko v Charlton

Decided on February 10, 2012

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.

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

The order awarded sole custody of the parties' child to petitioner.

It is hereby ORDERED that said appeal is unanimously dismissed without costs as moot (see Matter of Graham v Thering, 55 AD3d 1319, 1320, lv denied 11 NY3d 714; Matter of Krest v Kawczynski, 9 AD3d 907, 907-908).

Entered: February 10, 2012

Frances E. Cafarell Clerk of the Court

20120210

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