Matter of Mihalko v Charlton
2012 NY Slip Op 01023 [92 AD3d 1230]
February 10, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


In the Matter of Timothy D. Mihalko, Respondent, v Cheri Charlton, Appellant.

—[*1] David J. Pajak, Alden, for respondent-appellant.

Avery S. Olson, Attorney for the Child, Jamestown, for Timothy J.M.

Appeal from an order of the Family Court, Chautauqua County (Paul G. Buchanan, J.), entered October 4, 2010 in a proceeding pursuant to Family Court Act article 6. The order awarded sole custody of the parties' child to petitioner.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Matter of Graham v Thering, 55 AD3d 1319, 1320 [2008], lv denied 11 NY3d 714 [2009]; Matter of Krest v Kawczynski, 9 AD3d 907, 907-908 [2004]). Present—Scudder, P.J., Centra, Peradotto, Lindley and Martoche, JJ.