SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
226
CAF 13-02190
PRESENT: WHALEN, P.J., SMITH, CARNI, NEMOYER, AND CURRAN, JJ.
IN THE MATTER OF LINDA SPECHT, PETITIONER-RESPONDENT,
V MEMORANDUM AND ORDER
THOMAS L. LAMOREAUX, RESPONDENT-APPELLANT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF
COUNSEL), FOR RESPONDENT-APPELLANT.
Appeal from an order of the Family Court, Monroe County (John B.
Gallagher, Jr., J.), entered November 14, 2013 in a proceeding
pursuant to Family Court Act article 4. The order, among other
things, sentenced respondent to one year in jail.
It is hereby ORDERED that said appeal is unanimously dismissed
without costs.
Memorandum: Respondent appeals from an order sentencing him to
one year in jail upon a determination by Family Court that he violated
the conditions of a sentence of probation. The court had imposed the
sentence of probation after finding that respondent had willfully
failed to comply with an order of child support. The appeal, by which
respondent challenges only the legality of the term of incarceration,
has been rendered moot by the fact that respondent has served the
sentence in its entirety (see Matter of Dubois v Piazza, 107 AD3d
1587, 1588).
Entered: March 25, 2016 Frances E. Cafarell
Clerk of the Court