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IN THE MATTER OF CURBELO v. CLEMENTE

7 A.D.3d 524 (2004)

775 N.Y.S.2d 569

IN THE MATTER OF ADRIANA CURBELO, Respondent, v. HECTOR CLEMENTE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 3, 2004.

Ordered that the notice of appeal from the order dated May 28, 2003, is deemed a premature notice of appeal from the order dated September 11, 2003 (see CPLR 5520 [c]); and it is further,

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

The father was committed to jail for a period of 120 days for his willful violation of an order of support. As the father has since been released from incarceration upon payment of the...

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