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In re Ciara W.

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 2, 2008

IN THE MATTER OF CIARA W. (ANONYMOUS).
ADMINISTRATION FOR CHILDREN'S SERVICES, ET AL., RESPONDENTS;
v.
APRIL W. (ANONYMOUS), APPELLANT. (PROCEEDING NO. 1)
IN THE MATTER OF APRIL W. (ANONYMOUS), APPELLANT,
v.
ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT. (PROCEEDING NO. 2)

In a neglect proceeding pursuant to Family Court Act article 10, and a related custody proceeding pursuant to Family Court Act article 6, April W. appeals from (1) an order of the Family Court, Kings County (Grosvenor, J.), dated March 13, 2007, which suspended supervised visitation between her and the subject child, and (2) an order of the same court dated July 25, 2007, which dismissed her petition for custody. Motion by the attorney for the child, inter alia, to dismiss the appeals on the ground that the appeals have been rendered academic. By decision and order on motion of this Court dated June 3, 2008, the motion was referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

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.

ROBERT A. SPOLZINO, J.P., DAVID S. RITTER, FRED T. SANTUCCI and EDWARD D. CARNI, JJ.

(Docket Nos. N-18305-02, V-37076-06)

DECISION & ORDER

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is

ORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements.

After a neglect proceeding was commenced against the biological mother of the subject child, the appellant, the mother's sister, petitioned for custody of the child and requested visitation pending the determination of custody. Supervised visitation was scheduled between the appellant and the child, but the appellant did not attend the scheduled visitation. In the orders appealed from, the court suspended supervised visitation between the appellant and the child and dismissed the petition for custody.

In light of the death of the biological mother and the subsequent adoption of the child, the appeals have been rendered academic (cf. Matter of Patience B. v Administration for Children's Services, 306 AD2d 473).

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

20081202

© 1992-2008 VersusLaw Inc.



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