LENORE v. STEPHEN (2023)

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

LENORE C., Plaintiff–Respondent, v. STEPHEN C., Defendant–Appellant.

95 Decided: April 25, 2023

Kapnick, J.P., Kern, Friedman, Gesmer, Pitt–Burke, JJ.

The Levoritz Law Firm, New York (Yonatan S. Levoritz of counsel), for appellant. Phillips Nizer LLP, New York (Elliot Wiener of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Kathleen C. Waterman–Marshall, J.), entered February 8, 2022, which, to the extent appealed from as limited by the briefs, granted plaintiff wife's application for authorization to enroll the parties’ child in the Second Nature wilderness program and directed that defendant husband pay 94% of the costs associated with the program, unanimously dismissed, without costs, as moot.

The appeal has been rendered moot by the child's attendance at and completion of the program (see Saratoga County Chamber of Commerce, Inc. v. Pataki, 100 N.Y.2d 801, 810–811, 766 N.Y.S.2d 654, 798 N.E.2d 1047 [2003]). The exception to the mootness doctrine does not apply (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980]).

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