IN RE: KELLY M. PAULSON (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: KELLY M. PAULSON, PETITIONER-APPELLANT, v. DOUGLAS P. PAULSON, SR., RESPONDENT-RESPONDENT.
IN RE: DOUGLAS P. PAULSON, SR., PETITIONER-RESPONDENT, v. KELLY M. PAULSON, RESPONDENT-APPELLANT.

512 Decided: June 26, 2026

PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, NOWAK, AND DELCONTE, JJ.

VERA A. VENKOVA, WILLIAMSVILLE, FOR PETITIONER-APPELLANT AND RESPONDENT-APPELLANT. SCOTT T. GODKIN, WHITESBORO, FOR RESPONDENT-RESPONDENT AND PETITIONER-RESPONDENT. COURTNEY S. RADICK, OSWEGO, ATTORNEY FOR THE CHILDREN.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 6, petitioner-respondent mother appeals from an order that, inter alia, denied her petition seeking primary physical custody of the parties’ two children. While this appeal was pending, Family Court entered an order upon consent of the parties that modified the custody and visitation arrangement set forth in the order on appeal by, inter alia, granting the parties joint physical custody of their younger child. We conclude that the order upon consent renders the appeal moot, and the exception to the mootness doctrine does not apply (see generally Matter of Common v Pirro, 184 AD3d 1087, 1088 [4th Dept 2020]; Matter of Thomas v Thomas, 151 AD3d 1919, 1920 [4th Dept 2017]).

Entered: June 26, 2026

Ann Dillon Flynn

Clerk of the Court

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