IN RE: CHRISTIAN L. JONES (2015)

Supreme Court, Appellate Division, Fourth Department.

IN RE: CHRISTIAN L. JONES, PETITIONER–RESPONDENT, v. LAURA S. TUCKER, RESPONDENT–APPELLANT.

CAF 13–01327

Decided: February 06, 2015

PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND DEJOSEPH, JJ.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE, HANCOCK ESTABROOK, LLP (ALAN J. PIERCE OF COUNSEL), PRO BONO APPEALS PROGRAM, ALBANY, FOR RESPONDENT–APPELLANT. MARRIS & BARTHOLOMAE, P.C., SYRACUSE (WILLIAM R. BARTHOLOMAE OF COUNSEL), FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

SUSAN B. MARRIS, ATTORNEY FOR THE CHILD, MANLIUS.

It is hereby ORDERED that said appeal from the order insofar as it concerns visitation is unanimously dismissed and the order is affirmed without costs.

Memorandum: We affirm the order granting the petition seeking modification of a prior order of custody for reasons stated in the decision at Family Court. We note only that a subsequent order of the same court, entered July 22, 2014, which modified the provisions regarding visitation, has rendered moot the contention of respondent mother that the court erred in failing to provide her with more extensive visitation (see Matter of Kirkpatrick v. Kirkpatrick, 117 AD3d 1575, 1576).

Frances E. Cafarell

Clerk of the Court

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