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In the Matter of Lynn M. v. andrew L. Rolston

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


April 12, 2012

IN THE MATTER OF LYNN M. ROLSTON, RESPONDENT, V JESSICA L. DECKER,
APPELLANT,
v.
ANDREW L. ROLSTON, RESPONDENT.

Appeal from an order of the Family Court of Essex County (Meyer, J.), entered April 19, 2011, which, among other things, granted 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: Malone Jr., J.

MEMORANDUM AND ORDER

Calendar Date: March 21, 2012

Before: Peters, P.J., Rose, Lahtinen, Malone Jr. and Kavanagh, JJ.

Respondent Jessica L. Decker (hereinafter respondent) is the mother of a child (born in 2003) and petitioner is the paternal grandmother of the child. In September 2009, petitioner commenced a modification proceeding seeking primary physical custody of the child, which was granted in an order entered April 19, 2011. Respondent appeals.

Inasmuch as the parties entered into a February 2012 consent order that superceded the April 2011 order being appealed, this appeal has been rendered moot (see Matter of Dickerson v Knox, 89 AD3d 1290, 1291 [2011]; Matter of Alexander K. [Jennifer N.], 77 AD3d 1023, 1024 [2010]).

Peters, P.J., Rose, Lahtinen and Kavanagh, JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court

20120412

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