From Casetext: Smarter Legal Research

Holt v. Greiner

Supreme Court, Appellate Division, Third Department, New York.
Dec 20, 2018
167 A.D.3d 1271 (N.Y. App. Div. 2018)

Opinion

525657

12-20-2018

In the Matter of Kristen HOLT, Petitioner, v. Benjamin GREINER, Appellant.

Christopher Hammond, Cooperstown, for appellant.


Christopher Hammond, Cooperstown, for appellant.

Before: Garry, P.J., McCarthy, Egan Jr., Devine and Clark, JJ.

MEMORANDUM AND ORDER

Devine, J.Appeal from an order of the Family Court of Broome County (Pines, J.), entered August 30, 2017, which, in a proceeding pursuant to Family Ct Act article 4, directed respondent to serve a suspended sentence of incarceration.

Family Court issued an order confirming that respondent had willfully violated a prior order of child support and ordered his incarceration for six months unless he made "a substantial payment toward his arrears" and remained current with his support obligation. No appeal was taken from that order. Respondent had made no progress in meeting his obligations by the time of the next court appearance, prompting Family Court to issue a second order directing him to serve the suspended sentence absent a payment of $7,595.93 to the Support Collection Unit. Respondent appeals from that order of commitment, but we take judicial notice that he was released from jail during the pendency of this appeal, a fact that renders such an appeal moot (see Matter of St. Lawrence County Support Collection Unit v. Griffith, 101 A.D.3d 1318, 1318, 956 N.Y.S.2d 631 [2012] ; Matter of Lewis v. Cross, 72 A.D.3d 1228, 1229, 897 N.Y.S.2d 783 [2010] ; Matter of Lind v. Sepulveda, 66 A.D.3d 1087, 1087–1088, 885 N.Y.S.2d 652 [2009] ; Matter of St. Lawrence County Dept. of Social Servs. v. Pratt, 24 A.D.3d 1050, 1050, 806 N.Y.S.2d 309 [2005], lv denied 6 N.Y.3d 713, 816 N.Y.S.2d 748, 849 N.E.2d 971 [2006] ; cf. Matter of St. Lawrence County Support Collection Unit v. Chad T., 124 A.D.3d 1031, 1032, 1 N.Y.S.3d 538 [2015] ). Accordingly, the appeal is dismissed.

ORDERED that the appeal is dismissed, as moot, without costs.

Garry, P.J., McCarthy, Egan Jr. and Clark, JJ., concur.


Summaries of

Holt v. Greiner

Supreme Court, Appellate Division, Third Department, New York.
Dec 20, 2018
167 A.D.3d 1271 (N.Y. App. Div. 2018)
Case details for

Holt v. Greiner

Case Details

Full title:In the Matter of KRISTEN HOLT, Petitioner, v. BENJAMIN GREINER, Appellant.

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Dec 20, 2018

Citations

167 A.D.3d 1271 (N.Y. App. Div. 2018)
167 A.D.3d 1271
2018 N.Y. Slip Op. 8723

Citing Cases

Springer v. Farrell

At the following court appearance in April 2018, respondent acknowledged that he had failed to make any…

Simmes v. Hotaling

On January 26, 2018, the court issued a dispositional order, which specifically ordered confirmation of the…