Judges: Carpinello
Filed Date: 12/22/2005
Status: Precedential
Modified Date: 11/1/2024
Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered September 1, 2004, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to hold respondent in willful violation of a prior order of disposition.
The sole argument advanced on appeal concerns the propriety of his sentence. Respondent, however, has already served it. Since his appeal is limited solely to the discretionary length of a sentence for civil contempt that has already been served (cf. Matter of Bickwid v Deutsch, 87 NY2d 862 [1995]), the appeal is moot (see Matter of Evelyn X., 290 AD2d 817, 822 [2002], appeal dismissed 98 NY2d 666 [2002]; Matter of Ashley M., 256 AD2d 825, 826 [1998]). In any event, even if the merits were properly before us, we would find that the sentence was well within Family Court’s discretion in light of all the circumstances of this case (see generally Matter of Kristi AA., 295 AD2d 651, 651 [2002]; Matter of Ashley M., supra at 825).
Crew III, J.P., Rose and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.