IN RE: MICHELE DAVIS

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Supreme Court, Appellate Division, Fourth Department.

IN RE: MICHELE DAVIS, PETITIONER–RESPONDENT, v. KEVIN L. WILLIAMS, RESPONDENT–APPELLANT.

CAF 14–01584

Decided: November 20, 2015

PRESENT:  SCUDDER, P.J., SMITH, CENTRA, WHALEN, AND DEJOSEPH, JJ. LOVALLO & WILLIAMS, BUFFALO (TIMOTHY R. LOVALLO OF COUNSEL), FOR RESPONDENT–APPELLANT.

MEMORANDUM AND ORDER

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

Memorandum:  Respondent father appeals from an order of commitment revoking a suspended sentence and committing him to jail for a period of six months.  Inasmuch as respondent has served his sentence, his appeal from the order of commitment is moot (see Matter of Ontario County Support Collection Unit v Falconer, _ AD3d _, _ [Oct. 9, 2015] ).  To the extent that respondent contends that his appeal is not moot because “a finding of contempt [and willful violation] may have significant collateral consequences,” we note that he failed to appeal from the order finding him in willful violation of the order requiring him to pay child support (see Matter of St. Lawrence County Support Collection Unit v Pratt, 24 AD3d 1050, 1050).  Similarly, respondent's remaining contentions that his support obligations should be reduced and his arrears capped were not addressed by the order appealed from and, in any event, are improperly raised for the first time on appeal (see Matter of Kasprowicz v. Osgood, 101 AD3d 1760, 1761, lv denied 20 NY3d 863;  Matter of Commissioner of Social Servs. v Turner, 99 AD3d 1244, 1245).

Frances E. Cafarell

Clerk of the Court