IN RE: Julian B. (Anonymous) (2012)

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

IN RE: Julian B. (Anonymous), appellant, v. Nioka Williams, respondent.

2011–06488 (Docket Nos. 23983–08, 20521–09)

Decided: July 11, 2012

MARK C. DILLON, J.P. THOMAS A. DICKERSON ARIEL E. BELEN SANDRA L. SGROI, JJ.

Jeffrey C. Bluth, Brooklyn, N.Y., for appellant. Anna Stern, New York, N.Y., for respondent. Karen Simmons, Brooklyn, N.Y. (Sena Kim–Reuter and Janet Neustaetter of counsel), attorney for the child.

Argued—June 11, 2012

DECISION & ORDER

In a custody and visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Hepner, J.), dated June 14, 2011, which denied, without a hearing, his petition to modify a prior order of custody and visitation dated February 14, 2011, so as to award him sole custody of Samia B.

ORDERED that the appeal from the order dated June 14, 2011, is dismissed as academic, without costs or disbursements.

Since the subject child, Samia B., is now 18 years of age, she is no longer subject to the order appealed from, and the appeal must be dismissed as academic (see Matter of Bartley v. Pringle, 90 AD3d 653; Matter of Brown v. Jimenez, 88 AD3d 875, 876; Matter of Cahill v. Zakian, 71 AD3d 765; Matter of Merando v. Vantassel, 66 AD3d 783).

DILLON, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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