IN RE: ANDREW M. DELONG (2014)

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

IN RE: ANDREW M. DELONG, PETITIONER–RESPONDENT, v. FRANCES A. BRISTOL, RESPONDENT–APPELLANT. (APPEAL NO. 1.)

CAF 13–00241

Decided: May 09, 2014

PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND VALENTINO, JJ.

D.J. & J.A. CIRANDO, ESQS., SYRACUSE (ELIZABETH deV. MOELLER OF COUNSEL), FOR RESPONDENT–APPELLANT.

MEMORANDUM AND ORDER

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

Memorandum: In appeal No. 1, respondent appeals from an order committing her to jail for a term of six months for her willful violation of an order of child support. Respondent has served her sentence and thus her appeal from that order is moot (see Matter of Johnson v. Boone, 289 A.D.2d 938, 938).

In appeal No. 2, respondent challenges the finding of willful violation made by the Support Magistrate and confirmed by Family Court. Respondent's appeal from that order must likewise be dismissed inasmuch as the Support Magistrate's finding was made upon respondent's default, and respondent did not move before the Support Magistrate to vacate the default (see Matter of Reaves v. Jones, 110 AD3d 1276, 1277).

Frances E. Cafarell

Clerk of the Court

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