Matter of Revet v Revet
2011 NY Slip Op 08862 [90 AD3d 1183]
December 8, 2011
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


In the Matter of Hillary M. Revet, Appellant,
v
Justin J. Revet, Respondent.

[*1] John A. Cirando, Syracuse, for appellant.

Marsha K. Purdue, Glens Falls, for respondent.

Gerald J. Ducharme, Canton, attorney for the child.

Peters, J. Appeal from an order of the Supreme Court (Main Jr., J.), entered September 17, 2010 in St. Lawrence County, which dismissed petitioner's application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

On this appeal, petitioner challenges the dismissal of her petition to modify the provisions of a September 2, 2010 order granting respondent certain periods of weekly visitation with the parties' child (born in 1999). In light of our decision in a companion appeal vacating the weekly visitation schedule set forth in the September 2010 order (Matter of Revet v Revet, 90 AD3d 1175 [2011] [decided herewith]), the current appeal is now moot.

Mercure, A.P.J., Spain, Rose and Kavanagh, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.