Appellate Division of the Supreme Court of New York, 2001

Byrnes v. Malloy

Appellate Division of the Supreme Court of New York · Decided May 7, 2001

283 A.D.2d 427; 723 N.Y.S.2d 884; 2001 N.Y. App. Div. LEXIS 4742

Cases that cite this one

3 later published cases cite this decision.

Matter of McKeever v. Sclafani (Appellate Division of the Supreme Court of New York 2021)
Teelucksingh v. Teelucksingh (Appellate Division of the Supreme Court of New York 2018)
Mohan v. King Freeze Air Conditioning & Refrigeration Corp. (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a child custody proceeding pursuant to Family Court Act article 6, the appeal is from an order of the Family Court, Dutchess County (Amodeo, J.), dated August 5, 1999, which granted the petition and awarded custody of the parties’ two children to the father.

*428Ordered that the appeal is dismissed as academic, without costs or disbursements.

Subsequent to the entry of the order appealed from, the parties entered into a stipulation, dated April 14, 2000, which was placed on the record. The stipulation granted custody of the parties’ two children to the father and liberal visitation to the mother. Any determination by this Court will not affect the rights of the parties with respect to this proceeding. Accordingly, the appeal must be dismissed as academic (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707). The matter does not warrant invoking an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, supra, at 714). Altman, J. P., Friedmann, Goldstein and Cozier, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.