IN RE: KRISTIN M. DAWLEY (2016)

MEMORANDUM AND ORDER

MICHELLE M. SCUDERI, ATTORNEY FOR THE CHILDREN, WATERTOWN.

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

Memorandum:  In appeal No. 2, petitioner mother appeals from an order that dismissed with prejudice her petition seeking to modify a prior consent order with respect to respondent father's visitation with the subject children.  While this appeal was pending, Family Court entered an order upon the consent of the parties that resolved the relevant visitation issues, thereby rendering this appeal moot (see Matter of Warren v. Hibbs, 136 AD3d 1306, 1306, lv denied 27 NY3d 909).  We conclude that the exception to the mootness doctrine does not apply (see id.;  see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715).

The mother has not raised any contentions with respect to the order in appeal No. 1, and we therefore dismiss that appeal (see Abasciano v. Dandrea, 83 AD3d 1542, 1545;  see generally Ciesinski v. Town of Aurora, 202 A.D.2d 984, 984).

Frances E. Cafarell

Clerk of the Court