Jacobs v. Traylor

Appellate Division of the Supreme Court of New York

Jacobs v. Traylor

43 A.D.3d 466, 840 N.Y.S.2d 540

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 21, 2007

StatusPublished

Cited by3 cases

This text of 43 A.D.3d 466 (Jacobs v. Traylor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jacobs v. Traylor, 43 A.D.3d 466, 840 N.Y.S.2d 540 (N.Y. Ct. App. 2007).

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Opinion

In a proceeding pursuant to Family Court Act article 6 to modify a prior order of custody and visitation awarding the parties joint custody of the child, [467]*467the mother appeals, by permission, as limited, by her brief, from so much of an order of the Family Court, Kings County (Toussaint, J.), dated September 20, 2006, as, without a hearing, ordered that the child is “to attend the Atwell School at Empire Blvd. for the fall semester” of 2006.

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

The order appealed from has expired by its own terms. Accordingly, the appeal must be dismissed as academic (see Matter of Ellwanger v Ellwanger, 31 AD3d 447 [2006]; Matter of DePaola v Corrales, 303 AD2d 586, 587 [2003]; Matter of Trentacoste v Trentacoste, 211 AD2d 724, 726 [1995]). Spolzino, J.P, Skelos, Lifson and Balkin, JJ., concur.

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In a proceeding pursuant to Family Court Act article 6 to modify a prior order of custody and visitation awarding the parties joint custody of the child, [467]*467the mother appeals, by permission, as limited, by her brief, from so much of an order of the Family Court, Kings County (Toussaint, J.), dated September 20, 2006, as, without a hearing, ordered that the child is “to attend the Atwell School at Empire Blvd. for the fall semester” of 2006.

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

The order appealed from has expired by its own terms. Accordingly, the appeal must be dismissed as academic (see Matter of Ellwanger v Ellwanger, 31 AD3d 447 [2006]; Matter of DePaola v Corrales, 303 AD2d 586, 587 [2003]; Matter of Trentacoste v Trentacoste, 211 AD2d 724, 726 [1995]). Spolzino, J.P, Skelos, Lifson and Balkin, JJ., concur.

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Bluebook (online)

43 A.D.3d 466, 840 N.Y.S.2d 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-traylor-nyappdiv-2007.

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