Matter of Tubilewicz v Styles
2018 NY Slip Op 04207 [162 AD3d 1569]
June 8, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2018


[*1]
 In the Matter of Angela Tubilewicz, Respondent,
v
David Styles, Appellant.

Koslosky & Koslosky, Utica (William L. Koslosky of counsel), for respondent-appellant.

Appeal from an order of the Family Court, Oneida County (Joan E. Shkane, J.), entered July 24, 2017, in a proceeding pursuant to Family Court Act article 8. The order, inter alia, committed respondent to the Oneida County Jail for two consecutive six-month jail terms for violations of a court order.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: On appeal from an order in which Family Court, inter alia, found that respondent violated a temporary order of protection, respondent's sole contention is that the court exceeded its authority in imposing two consecutive six-month jail terms based on the violations. The appeal from the order "is academic . . . [because respondent] has served the period of incarceration, and there is no ameliorative action for this Court to take" (Matter of Trentacoste v Trentacoste, 211 AD2d 724, 726 [2d Dept 1995], lv denied 86 NY2d 707 [1995]; see Matter of Geritano v Geritano, 212 AD2d 788, 788 [2d Dept 1995]). Present—Whalen, P.J., Smith, Peradotto, DeJoseph and Troutman, JJ.