| Matter of Rolston v Decker |
| 2012 NY Slip Op 02736 [94 AD3d 1264] |
| April 12, 2012 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Lynn M. Rolston, Respondent, v Jessica L. Decker, Appellant, and Andrew L. Rolston, Respondent. |
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Debra A. Whitson, Elizabethtown, for Lynn M. Rolston, respondent.
Rebecca L. Fox., Schuyler Falls, for Andrew L. Rolston, respondent.
Cheryl Maxwell, Plattsburgh, attorney for the child.
Respondent Jessica L. Decker (hereinafter respondent) is the mother of a child (born in 2003) and petitioner is the paternal grandmother of the child. In September 2009, petitioner commenced a modification proceeding seeking primary physical custody of the child, which was granted in an order entered April 19, 2011. Respondent appeals.
Inasmuch as the parties entered into a February 2012 consent order that superceded the April 2011 order being appealed, this appeal has been rendered moot (see Matter of Dickerson v Knox, 89 AD3d 1290, 1291 [2011]; Matter of Alexander K. [Jennifer N.], 77 AD3d 1023, 1024[*2][2010]).
Peters, P.J., Rose, Lahtinen and Kavanagh, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.