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NEW YORK COURT OF APPEALS

2010 NY Int. 115


This opinion is uncorrected and subject to revision before publication in the Official Reports.



2010 NY Slip Op 05247

Decided on June 15, 2010

No. 165 SSM 11

Isabella Ayoub, Respondent,

v

Joseph Ayoub, Esq., Appellant.

Submitted by Matthew W. Naparty, for appellant.

Submitted by Jerome M. Leitner, for respondent.

Submitted by Hariet Newman Cohen, law guardian.

On review of submissions pursuant to section 500.11 of the Rules, appeal dismissed, without costs. Under the circumstances of this case, the parties' settlement agreement subsequent to the Appellate Division order rendered the appeal to this Court moot. We decline appellant's request to invoke the mootness exception.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided June 15, 2010