Appellate Division of the Supreme Court of New York, 2012

Rolston v. Decker

Rolston v. Decker
Appellate Division of the Supreme Court of New York · Decided April 12, 2012 · Malone
94 A.D.3d 1264; 941 N.Y.S.2d 895
Rolston v. Decker

Cases that cite this one

4 later published cases cite this decision.

  • Cole v. Cole (Appellate Division of the Supreme Court of New York 2014)
  • Cole v. Cole (Appellate Division of the Supreme Court of New York 2014)
  • Dye v. Bernier (Appellate Division of the Supreme Court of New York 2013)
  • Dye v. Bernier (Appellate Division of the Supreme Court of New York 2013)

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

Malone Jr., J.

Appeal from an order of the Family Court of Essex County (Meyer, J.), entered April 19, 2011, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

Respondent Jessica L. Decker (hereinafter respondent) is the mother of a child (born in 2003) and petitioner is the paternal grandmother of the child. In September 2009, petitioner commenced a modification proceeding seeking primary physical custody of the child, which was granted in an order entered April 19, 2011. Respondent appeals.

Inasmuch as the parties entered into a February 2012 consent order that superceded the April 2011 order being appealed, this appeal has been rendered moot (see Matter of Dickerson v Knox, 89 AD3d 1290, 1291 [2011]; Matter of Alexander K. [Jennifer N.], 77 AD3d 1023, 1024 [2010]).

Peters, P.J., Rose, Lahtinen and Kavanagh, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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