Iorio v. Hyler
Matter
of Iorio v Hyler
2008
NY Slip Op 02592
Decided
on March 18, 2008
Appellate
Division, Second Department
Published
by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This
opinion is uncorrected and subject to revision before publication in the
Official Reports.
Decided
on March 18, 2008
SUPREME
COURT OF THE STATE OF
APPELLATE
DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM
F. MASTRO, J.P.
REINALDO
E. RIVERA
ROBERT
A. SPOLZINO
THOMAS
A. DICKERSON, JJ.
2006-08605
2006-08609
2006-08610
(Docket
No. V-5772/3-04/05E) (Docket No. V-5772/3-04/05D) (Docket No. V-5772/3-04/05C)
(Docket No. V-5772/-3/04/05B) (Docket No. V-5772/3-04/05A) (Docket No.
O-13144-05)
[*1]In
the Matter of Traci Iorio, et al., respondents,
v
Joseph Hyler, appellant.
In
the Matter of Joseph Hyler, appellant,
v
Traci Iorio, respondent.
*
* *
Helene Migdon Greenberg,
George
E. Reed, Jr.,
Iorio.
Lisa F. Colin,
DECISION
& ORDER
In
a family offense proceeding pursuant to Family Court Act article 8, and five
related child custody and visitation proceedings pursuant to Family Court Act
article 6, Joseph Hyler appeals from (1) an order of
the Family Court, Westchester County (Duffy, J.), dated August 7, 2006, which,
after a hearing, granted the petition of Joseph Iorio
and Traci Iorio to modify an order of the same court
dated June 17, 2004, inter alia, awarding sole custody of the subject children
to them and granting him unsupervised visitation with the subject children, to
the extent of terminating his unsupervised visitation with the subject
children, granting him only supervised visitation with the subject children,
and directing him to pay the costs and expenses associated with supervised
visitation, (2) an order of the same court also dated August 7, 2006, which,
upon a finding, after a hearing, that he had committed the family offenses of
disorderly conduct and harassment in the second degree, granted Traci Iorio, John Iorio, Jr., and
Caitlyn Iorio an order of protection directing him,
among other things, to stay away from them until May 22, 2007, and (3) an order
of the same court entered August 8, 2006, which, after a hearing, inter alia,
dismissed his petitions to modify the order dated June 17, 2004.
ORDERED that the appeals are dismissed, without costs or
disbursements.
By
order dated June 17, 2004, the Family Court, Westchester County, inter alia,
awarded sole custody of the subject children to Joseph Iorio
and Traci Iorio, and granted the appellant
unsupervised visitation. In the first order appealed from dated August 7, 2006,
the June 17, 2004, order was modified so as to grant the appellant only
supervised visitation with the subject children. That order was modified by a
subsequent order of the same court entered March 5, 2007, which directed that
the appellant have therapeutic supervised visitation with the subject children.
On September 18, 2007, the parties and the attorney for the children consented
on the record that the appellant have supervised visitation with the subject
children. On the same day, the Family Court issued an order directing that the
appellant's visitation merely be supervised. Therefore, as the first order
dated August 7, 2006, and the order entered August 8, 2006, inter alia,
dismissing petitions to modify the order dated June 17, 2004, have been
superseded by the order dated September 18, 2007, the appeals from these orders
have been rendered academic (see Matter of Baker v Ratoon,
251 AD2d 921, 922; see also Matter of Paoli v Paoli, 29 AD3d 804).
The
appellant has raised no issue with respect to the second order dated August 7,
2006, granting an order of protection against him. Accordingly, he has
abandoned the appeal from that order (see 22 NYCRR 670.8[e]; Matter of Rebecca
O. v Todd C., 309 AD2d 982, 983).
We
note that the appellant's arguments regarding the order of the Family Court,
Westchester County, entered March 5, 2007, are not properly before this Court,
as he did not appeal from that order (see Matter of Ashley S., 129 AD2d 581). [*2]
MASTRO,
J.P., RIVERA, SPOLZINO and DICKERSON, JJ., concur.
2006-08605
DECISION & ORDER ON MOTION
2006-08609
2006-08610
In
the Matter of Traci Iorio, et al., respondents, v
Joseph Hyler, appellant.
(Docket
No. O-13144-05)
In
the Matter of Joseph Hyler, appellant,
v Traci Iorio, respondent.
(Docket
No. V-5772/3-04/05A)
In
the Matter of Joseph Hyler, appellant, v
John Iorio, respondent.
(Docket
No. V-5772/-3/04/05B)
In
the Matter of Joseph Hyler, appellant, v
Traci Iorio, respondent.
(Docket
No. V-5772/3-04/05C)
In
the Matter of Joseph Hyler, appellant, v
John Iorio, respondent.
(Docket
No. V-5772/3-04/05D)
In
the Matter of John Iorio, et al., respondents, v
Joseph Hyler, appellant.
(Docket
No. V-5772/3-04/05E)
Motion
by the respondent Traci Iorio, inter alia, to dismiss
appeals from two orders of the Family Court,
Upon
the papers submitted in support of the motion, the papers submitted in
opposition thereto, and upon the submission of the appeals, it is
ORDERED
that the branch of the motion which is to dismiss the appeals is denied as
academic in light of our determination of the appeals (see Matter of Iorio v Hyler,AD3d [decided
herewith]).
MASTRO,
J.P., RIVERA, SPOLZINO and DICKERSON, JJ., concur.
ENTER:
James
Edward Pelzer
Clerk
of the Court