IN RE: ROBERT E. TROMBLEY

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Supreme Court, Appellate Division, Fourth Department.

IN RE: ROBERT E. TROMBLEY, JR., PETITIONER–RESPONDENT, v. KRISTIN S. PAYNE, RESPONDENT–APPELLANT.

IN RE: KRISTIN S. PAYNE, PETITIONER–APPELLANT, v. ROBERT E. TROMBLEY, JR., RESPONDENT–RESPONDENT.

CAF 14–00520

Decided: November 13, 2015

PRESENT:  CENTRA, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ. KELIANN M. ARGY, ORCHARD PARK, FOR RESPONDENT–APPELLANT AND PETITIONER–APPELLANT. MICHAEL STEINBERG, ROCHESTER, FOR PETITIONER–RESPONDENT AND RESPONDENT–RESPONDENT.

MEMORANDUM AND ORDER

FARES A. RUMI, ATTORNEY FOR THE CHILDREN, ROCHESTER.

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

Memorandum:  Respondent-petitioner mother appeals from an order that, inter alia, dismissed her cross petition seeking modification of a prior custody order and sole custody of the children.  While this appeal was pending, the parties filed additional modification petitions and, after a hearing, Family Court issued an order continuing sole custody of the children with petitioner-respondent father and visitation with the mother.  We conclude that this appeal is therefore moot (see Matter of Smith v. Cashaw [appeal No. 1], 129 AD3d 1551, 1551;  Matter of Morgia v. Horning [appeal No. 1], 119 AD3d 1355, 1355;  Matter of Kirkpatrick v. Kirkpatrick, 117 AD3d 1575, 1576), and the exception to the mootness doctrine does not apply (see Smith, 129 AD3d at 1551;  Kirkpatrick, 117 AD3d at 1576;  see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715).

Frances E. Cafarell

Clerk of the Court