| MATTER OF CHRISTOPHER J. SCHIEBLE, SR. V MICHELE R. SWANTEK |
| Motion No: CAF 17-00440 |
| Slip Opinion No: 2017 NY Slip Op 90702(U) |
| Decided on October 17, 2017 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, NEMOYER, AND CURRAN, JJ.
APPELLATE DIVISION DOCKET NO. CAF 17-00440
DOCKET NO. V-06099-04-15A
| MATTER OF CHRISTOPHER J. SCHIEBLE,
SR., PETITIONER-RESPONDENT, V MICHELE R. SWANTEK, RESPONDENT-RESPONDENT. NORMAN P. DEEP, ESQ., ATTORNEY FOR THE
CHILD, APPELLANT. |
Respondent-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on April 25, 2016,
Now, upon reading and filing the affirmation of William L. Koslosky, Esq., dated September 11, 2017, the affidavit of Michele R. Swantek, sworn to September 11, 2017, the notice of motion with proof of service thereof, and the affirmation of Norman P. Deep, Esq., dated September 23, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed on the ground that appellant waived all rights to pursue payment for any work associated with the matter, rendering the appeal academic, and the exception to the mootness doctrine does not apply (see generally Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 810-811, cert denied 540 US 1017).
Entered: October 17, 2017
MARK W. BENNETT, Clerk