IN RE: ERIK C. STAIE (2026)

MEMORANDUM AND ORDER

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

Memorandum: In this proceeding pursuant to Family Court Act article 6, petitioner-respondent father appeals from an order that, inter alia, modified a prior order of custody and visitation by granting respondent-petitioner mother sole custody and primary physical residence of the parties’ younger child, with visitation to the father. While this appeal was pending, Family Court entered an order upon the consent of the parties that, inter alia, awarded the parties joint legal custody of the younger child, with primary physical custody to the father and visitation to the mother. We conclude that the superseding order renders this appeal moot (see Matter of Andrews v Applegate, 201 AD3d 1332, 1332 [4th Dept 2022]; Matter of Warren v Hibbs, 136 AD3d 1306, 1306 [4th Dept 2016], lv denied 27 NY3d 909 [2016]; Matter of Salo v Salo, 115 AD3d 1368, 1368 [4th Dept 2014]). We further conclude that the exception to the mootness doctrine does not apply (see Andrews, 201 AD3d at 1332; Warren, 136 AD3d at 1306; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Entered: October 2, 2026

Ann Dillon Flynn

Clerk of the Court