Bragman v. Bragman

• Decision Date: 05 November 2001
• Citation: 288 A.D.2d 172,732 N.Y.S.2d 376
• Parties: ANDREW BRAGMAN, Appellant,<BR>v.<BR>MARILYN BRAGMAN, Respondent.
• Court: New York Supreme Court — Appellate Division

288 A.D.2d 172

732 N.Y.S.2d 376

ANDREW BRAGMAN, Appellant,

v.MARILYN BRAGMAN, Respondent.

Decided November 5, 2001.

Altman, J. P., Friedmann, Schmidt and Adams, JJ., concur.

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

Subsequent to the entry of the order appealed from, the plaintiff sought leave to discontinue this action. By order of the Supreme Court, Nassau County, dated November 29, 2000, leave to discontinue the action was granted on condition, inter alia, that the plaintiff's child support obligation, as modified by an order dated May 23, 2000, remain in full force and effect. The order dated November 29, 2000, further provides that the parties are free to apply for prospective relief in the Family Court.

Since the provisions of the order dated May 23, 2000, have been reaffirmed by the subsequent, unappealed, order dated November 29, 2000, the rights of the parties will not be directly affected by any determination regarding that prior order. Accordingly, the instant appeal is academic (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714). Furthermore, the issues raised on this appeal do not fall within any recognized exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, supra, at 714-715).