IN RE: ONTARIO COUNTY SUPPORT (2015)

Supreme Court, Appellate Division, Fourth Department.

IN RE: ONTARIO COUNTY SUPPORT COLLECTION UNIT, ON BEHALF OF KRISTINE POPPLE, PETITIONER–RESPONDENT, v. CHRISTOPHER W. FALCONER, RESPONDENT–APPELLANT.

CAF 14–01013

Decided: October 09, 2015

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, AND DEJOSEPH, JJ.

TYSON BLUE, MACEDON, FOR RESPONDENT–APPELLANT. JOHN W. PARK, COUNTY ATTORNEY, CANANDAIGUA (BARRY D. MCFADDEN OF COUNSEL), FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Respondent father appeals from an order committing him to jail for a term of six months for his wilful violation of an order of child support. “Inasmuch as respondent's appeal is from the order revoking the suspension of his sentence and, according to [respondent], his ․ jail term has already been served, we conclude that the instant appeal is moot and must be dismissed” (Matter of St. Lawrence County Support Collection Unit v Griffith, 101 AD3d 1318, 1318; see Matter of Barksdale v. Gore, 101 AD3d 1742, 1743; Matter of Lomanto v. Schneider, 78 AD3d 1536, 1537; Matter of St. Lawrence County Dept. of Social Servs. v Pratt, 24 AD3d 1050, 1050, lv denied 6 NY3d 713; cf. Matter of Bickwid v. Deutsch, 87 N.Y.2d 862, 863).

Frances E. Cafarell

Clerk of the Court

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