Foster v. King

Appeal from an order of the Family Court, Erie County (Paul G. Buchanan, J.), entered May 7, 2004 in a proceeding pursuant to Family Court Act article 6. The order dismissed without prejudice the petition seeking modification of a prior custody order.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: Petitioner appeals from an order dismissing without prejudice her petition seeking modification of a prior custody order. During the pendency of the appeal, petitioner filed a petition seeking the same relief, thus rendering the appeal…