Matter of Phalen v Gorski
2020 NY Slip Op 05654 [187 AD3d 1670]
October 9, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 2, 2020


[*1]
 In the Matter of Richard Phalen, Appellant,
v
Jolynn M. Gorski, Respondent. (Appeal No. 1.)

David J. Pajak, Alden, for petitioner-appellant.

Charles J. Greenberg, Amherst, for respondent-respondent.

Mary Anne Connell, Buffalo, Attorney for the Child.

Appeal from an order of the Family Court, Genesee County (Eric R. Adams, J.), entered February 25, 2019, in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition to modify a prior order of visitation.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Matter of Daniels v Jones, 144 AD3d 1420, 1420 [3d Dept 2016]; Matter of Smith v Cashaw, 129 AD3d 1551, 1551 [4th Dept 2015]). Present—Smith, J.P., NeMoyer, Curran, Troutman and DeJoseph, JJ.