IN RE: DAVID J. ABDOCH (2026)

MEMORANDUM AND ORDER

Now, upon remittitur from the Court of Appeals,

It is hereby ORDERED that, upon remittitur from the Court of Appeals, the appeal is unanimously dismissed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 6, the Attorney for the Children appeals from an order that, inter alia, continued the respondents’ joint custody of the children but designated certain “zones of influence” for decision-making purposes. This Court previously dismissed the appeal on the ground that, under the circumstances, the Attorney for the Children lacked standing to appeal (Matter of Abdoch v Abdoch, 235 AD3d 1251 [4th Dept 2025], revd — NY3d —, 2026 NY Slip Op 03219 [2026]). The Court of Appeals reversed our decision and remitted the matter to us to consider the facts and issues raised but not determined on appeal (Abdoch, — NY3d at —, 2026 NY Slip Op 03219, *3).

We take judicial notice of the fact that, subsequent to the entry of the order on appeal, Family Court entered, among other orders, an order upon the consent of the parties that superseded all prior custody orders (see generally Matter of Smith v Baldwin, 213 AD3d 1276, 1276 [4th Dept 2023], lv denied 39 NY3d 913 [2023]; Matter of Salgado v Santiago, 178 AD3d 1399, 1400 [4th Dept 2019]). We conclude that the subsequent order renders this appeal moot and that no exception to the mootness doctrine applies (see Salgado, 178 AD3d at 1400).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court