AMENEYRO v. HERNANDEZ (2024)

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

David AMENEYRO, respondent, v. Perla Xochitl HERNANDEZ, appellant.

2022–05659

Decided: June 20, 2024

FRANCESCA E. CONNOLLY, J.P., LARA J. GENOVESI, DEBORAH A. DOWLING, LOURDES M. VENTURA, JJ.

Carol Kahn, New York, NY, for appellant. Ragues PLLC, Kingston, NY (Raymond Ragues of counsel), for respondent. Jeffrey C. Bluth, New York, NY, attorney for the child.

DECISION & ORDER

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Kings County (Eric I. Prus, J.), dated June 16, 2022. The order granted those branches of the plaintiff's motion which were for a declaration that New York is the home state of the parties’ child pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (Domestic Relations Law art 5–A) and to direct the defendant to return the child to New York.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

This appeal has been rendered academic by a resettled order dated March 27, 2023, which superseded the order appealed from (see Matter of Winona Pi. [Winona Pa.], 86 A.D.3d 542, 926 N.Y.S.2d 324).

CONNOLLY, J.P., GENOVESI, DOWLING and VENTURA, JJ., concur.

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