(1) Cross appeals from an order of the Family Court of Washington County (Hemmett, Jr., J.), entered May 15, 2001, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for sole custody of the parties’ child, and (2) appeal from an order of said court, entered May 31, 2001, which sentenced petitioner to 45 hours of community service for violating certain court orders.
In 1996, Family Court granted the parties joint legal custody of their son (born in 1994), with physical custody awarded to the mother. A 1998 modification to the order included a provision that the father’s visitation would be suspended if he missed three consecutive visits. Such a suspension occurred when the father was incarcerated in January 1999. Upon his release from jail six months later, he filed a petition seeking to reinstate visitation, followed by a petition seeking sole custody. The mother filed a petition seeking sole custody and termination of the father’s visitation. While these petitions were pending, and throughout the extensive and extended hearing,
Initially, the father’s brief does not address his request for sole custody. The mother’s brief does not address the contempt findings. Accordingly, those issues and the mother’s separate appeal of the sentencing order are deemed abandoned (see Matter of Senator NN.,
The father filed petitions while this appeal was pending. The parties agreed upon a schedule of visitation which was incorporated into the consent order of June 21, 2002. Where a party commences new proceedings and specifically agrees to a new visitation schedule, appeals of prior orders on the same issues are rendered moot (see Matter of Laurie BB. v Larry BB.,
To support a finding of civil contempt of court, “it must be determined that the party charged with the contempt had knowledge of and disobeyed a clear, explicit and lawful order of the court and that the offending conduct prejudiced the right of the opposing party” (Matter of Daniels v Guntert,
Crew III, J.P., Spain, Carpinello and Rose, JJ., concur. Ordered that the orders are affirmed, without costs.
