Matter of Emily SS. v. Charles SS.

Summary

The Appellate Division, Third Department dismissed as moot an appeal from the denial of a motion to vacate default orders in family-law proceedings. The custody order was vacated after genetic testing established that the appellant was not the child's biological father, and the order of protection had expired.

Holdings

1. The challenge was moot because Family Court vacated the underlying default custody order after genetic testing established that respondent was not the child's biological father.
2. The challenge was moot because the order of protection expired by its own terms, and respondent was not prejudiced by any potential enduring consequences because the order contained no adverse findings.

Questions Presented

1. Whether respondent's challenge to the denial of his motion to vacate the default custody order remained justiciable after Family Court vacated that custody order during the appeal.
2. Whether respondent's challenge to the denial of his motion to vacate the order of protection remained justiciable after the order expired by its own terms and was not accompanied by adverse findings or enduring consequences.

Disposition

dismissed