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In re Alazaya I.B.

Supreme Court of New York, Fourth Department

September 27, 2013

IN THE MATTER OF ALAZAYA I.B., JAVONTE W.G., MAREYAH A.B. AND NORMAN J.B. JEFFERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; and STORMIE A.G., RESPONDENT-APPELLANT. (APPEAL NO. 1.)

Appeal from an order of the Family Court, Jefferson County (Richard V. Hunt, J.), entered May 25, 2012 in a proceeding pursuant to Family Court Act article 10. The order determined that respondent had abused her children.

CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT-APPELLANT.

DEBORAH R. GARDINER, WATERTOWN, FOR PETITIONER-RESPONDENT.

ASHLEY N. LYON, ATTORNEY FOR THE CHILD, ADAMS.

LISA WELDON, ATTORNEY FOR THE CHILDREN, WATERTOWN.

SCOTT A. OTIS, ATTORNEY FOR THE CHILD, WATERTOWN.

PRESENT: SMITH, J.P., CARNI, SCONIERS, AND VALENTINO, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm the order in each appeal. We write only to note that it was error to include in each order language delegating Family Court's authority to modify visitation to petitioner, the counselors for the subject children and the Attorneys for the Children, but the issue is moot because the orders have expired (see Matter of Leah S., 61 A.D.3d 1402, 1402; see also Matter of Nicholas J.R. [Jamie L.R.], 83 A.D.3d 1490, 1491, lv denied 17 N.Y.3d 708).


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