IN RE: LINDA SPECHT (2016)

Supreme Court, Appellate Division, Fourth Department.

IN RE: LINDA SPECHT, PETITIONER–RESPONDENT, v. THOMAS L. LAMOREAUX, RESPONDENT–APPELLANT.

CAF 13–02190

Decided: March 25, 2016

PRESENT: WHALEN, P.J., SMITH, CARNI, NEMOYER, AND CURRAN, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR RESPONDENT–APPELLANT.

MEMORANDUM AND ORDER

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

Memorandum: Respondent appeals from an order sentencing him to one year in jail upon a determination by Family Court that he violated the conditions of a sentence of probation. The court had imposed the sentence of probation after finding that respondent had willfully failed to comply with an order of child support. The appeal, by which respondent challenges only the legality of the term of incarceration, has been rendered moot by the fact that respondent has served the sentence in its entirety (see Matter of Dubois v. Piazza, 107 AD3d 1587, 1588).

Frances E. Cafarell

Clerk of the Court

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