Matter of Abdoch v Abdoch
2026 NY Slip Op 04564
July 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
IN THE MATTER OF DAVID J. ABDOCH, PETITIONER-RESPONDENT,
v
FONDA D. ABDOCH, RESPONDENT-RESPONDENT. -------------------------------------------------- ALISON BATES, ESQ., ATTORNEY FOR THE CHILDREN, APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on July 24, 2026
59/25 CAF 24-00582
Present: Whalen, P.J., Curran, Greenwood, And Delconte, JJ.
ALISON BATES, VICTOR, ATTORNEY FOR THE CHILDREN, APPELLANT PRO SE.
Appeal from an order of the Family Court, Monroe County (Deral D. Givens, J.), entered March 19, 2024, in a proceeding pursuant to Family Court Act article 6. The order, inter alia, granted the parties joint custody of the subject children with designated zones of influence. The appeal was dismissed by order of this Court entered February 7, 2025 (235 AD3d 1251), and the Court of Appeals on May 21, 2026 reversed the order and remitted the case to this Court for consideration of facts and issues raised but not determined on the appeal to this Court (— NY3d —, 2026 NY Slip Op 03219 [2026]).
[*1]Now, upon remittitur from the Court of Appeals,
It is hereby ORDERED that, upon remittitur from the Court of Appeals, the appeal is unanimously dismissed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 6, the Attorney for the Children appeals from an order that, inter alia, continued the respondents' joint custody of the children but designated certain "zones of influence" for decision-making purposes. This Court previously dismissed the appeal on the ground that, under the circumstances, the Attorney for the Children lacked standing to appeal (Matter of Abdoch v Abdoch, 235 AD3d 1251 [4th Dept 2025], revd — NY3d —, 2026 NY Slip Op 03219 [2026]). The Court of Appeals reversed our decision and remitted the matter to us to consider the facts and issues raised but not determined on appeal (Abdoch, — NY3d at —, 2026 NY Slip Op 03219, *3).
We take judicial notice of the fact that, subsequent to the entry of the order on appeal, Family Court entered, among other orders, an order upon the consent of the parties that superseded all prior custody orders (see generally Matter of Smith v Baldwin, 213 AD3d 1276, 1276 [4th Dept 2023], lv denied 39 NY3d 913 [2023]; Matter of Salgado v Santiago, 178 AD3d 1399, 1400 [4th Dept 2019]). We conclude that the subsequent order renders this appeal moot and that no exception to the mootness doctrine applies (see Salgado, 178 AD3d at 1400).
Entered: July 24, 2026
Ann Dillon Flynn
Clerk of the Court