IN RE: Michael EARP (2024)

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

IN RE: Michael EARP, appellant, v. Kristin KRAMER, respondent.

2022-07690

Decided: November 27, 2024

MARK C. DILLON, J.P., PAUL WOOTEN, BARRY E. WARHIT, LILLIAN WAN, JJ.

Arza Rayches Feldman, Manhasset, NY, for appellant. Carol Kahn, New York, NY, for respondent. Geraldo Gutierrez, Jr., Poughkeepsie, NY, attorney for the child.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Dutchess County (Joseph A. Egitto, J.), dated September 8, 2022. The order, after a hearing, denied the father's petition to modify the custody provisions of an order of the same court dated May 10, 2019, so as to award him physical custody of the subject child.

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

Since the subject child has turned 18 years of age, she is no longer subject to the custody provisions of the order dated May 10, 2019. Accordingly, the appeal must be dismissed as academic (see Matter of Capruso v. Kubow, 195 A.D.3d 614, 149 N.Y.S.3d 514; Matter of Seoane v. Nunez, 187 A.D.3d 926, 130 N.Y.S.3d 391; Matter of Rodriguez v. Sabbat, 185 A.D.3d 938, 128 N.Y.S.3d 542).

DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur.

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