Matter of Earp v Kramer, 2024 NY Slip Op 05978 [232 AD3d 896]

November 27, 2024

Appellate Division, Second Department

[*1]

In the Matter of Michael Earp, Appellant,

v

Kristin Kramer, Respondent.

Arza Rayches Feldman, Manhasset, NY, for appellant.

Carol Kahn, New York, NY, for respondent.

Geraldo Gutierrez, Jr., Poughkeepsie, NY, attorney for the child.

In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Dutchess County (Joseph A. Egitto, J.), dated September 8, 2022. The order, after a hearing, denied the father’s petition to modify the custody provisions of an order of the same court dated May 10, 2019, so as to award him physical custody of the subject child.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

Since the subject child has turned 18 years of age, she is no longer subject to the custody provisions of the order dated May 10, 2019. Accordingly, the appeal must be dismissed as academic ( see Matter of Capruso v Kubow , 195 AD3d 614 [2021]; Matter of Seoane v Nunez , 187 AD3d 926 [2020]; Matter of Rodriguez v Sabbat , 185 AD3d 938 [2020]). Dillon, J.P., Wooten, Warhit and Wan, JJ., concur..