OSMUNDSON v. HELD CUMMINGS

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

Matter of Mark OSMUNDSON, Petitioner-Appellant, v. Helen HELD-CUMMINGS, Respondent-Respondent.

Decided: July 01, 2005

PRESENT:  PIGOTT, JR., P.J., HURLBUTT, SCUDDER, PINE, AND LAWTON, JJ. Tully, Rinckey & Associates, P.L.L.C., Albany (Mathew B. Tully of Counsel), for Petitioner-Appellant. John A. Herbowy, Utica, for Respondent-Respondent.

 Petitioner contends that Family Court erred in dismissing his petition seeking modification of two visitation orders with respect to one of his daughters.   That daughter is now 18 years of age, however, and thus the appeal must be dismissed as moot.  “The right to visitation is an incident of custody and is ․ extinguished when a child reaches the age of majority” (People ex rel. Minardi v. Cesnavicius, 208 A.D.2d 663, 664, 617 N.Y.S.2d 188;  see Domestic Relations Law § 2;  see also Anastasia v. Anastasia, 100 A.D.2d 740, 473 N.Y.S.2d 667).

It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.

MEMORANDUM: