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In re Greenidge

Supreme Court of New York, Second Department

August 21, 2013

In the Matter of Olvin Greenidge, appellant,
v.
Tonya Henry, respondent. Index No. V-21420-09

Kenneth M. Tuccillo, Hastings-on-Hudson, N.Y., for appellant.

Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter of counsel), attorney for the child.

MARK C. DILLON, J.P., THOMAS A. DICKERSON, LEONARD B. AUSTIN, ROBERT J. MILLER, JJ.

DECISION & ORDER

In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Beckoff, J.), dated July 3, 2012, which dismissed, without prejudice, his petition to enforce prior orders awarding him visitation.

ORDERED that the appeal is dismissed, without costs or disbursements.

In an order dated July 3, 2012, the Family Court dismissed the father's pro se petition seeking enforcement of prior visitation orders. That order, however, has been superseded by an order issued July 17, 2012, which, upon an ex parte appearance by the father's attorney, granted the father the relief he had sought in his pro se petition. Accordingly, the father's appeal from the order dated July 3, 2012, must be dismissed as academic (see Matter of Anthony B.-A. [ Chandra B. ], 88 A.D.3d 702, 702; Matter of Tishauna Patricia N. [ Tee Tee Ann W. ], 68 A.D.3d 1119, 1119-1120; Matter of Attallah N., 65 A.D.3d 1047, 1048).

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.


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