In the Matter of GABRIELLA RR. and Others, Alleged to be Neglected Children. SULLIVAN COUNTY DEPARTMENT OF FAMILY SERVICES, Respondent; TINA SS., Appellant, et al., Respondent.
Calendar Date: March 28, 2017
M. Bloom, Monticello, for appellant.
Constantina Hart, Sullivan County Department of Social
Services, Monticello, for Sullivan County Department of
Family Services, respondent.
Block, Kauneonga Lake, attorney for the children.
Edwards, Monticello, attorney for the child.
Michael Ross, Bloomingburg, attorney for the child.
Before: Garry, J.P., Lynch, Rose, Clark and Aarons, JJ.
MEMORANDUM AND ORDER
from an order of the Family Court of Sullivan County
(McGuire, J.), entered January 12, 2016, which, in a
proceeding pursuant to Family Ct Act articles 10 and 10-A,
extended the placement of the subject children.
Tina SS. (hereinafter the mother) is the mother of the four
subject children (born in 2009, 2011, 2012 and 2014). The
children were removed from the mother's care and, in
September 2015, were adjudicated to be neglected. Following a
permanency hearing in October 2015, Family Court approved
petitioner's permanency plan to work towards
reunification with the mother, to provide the mother certain
supervised visitation, to continue the placement of the child
born in 2011 with that child's biological father, and to
continue the placement of the other children with the
maternal great-grandmother. A permanency hearing order to
that effect was entered in January 2016. A dispositional
hearing was held in November 2015, and the order of
disposition, entered in February 2016, continued the
placement of the children as provided in the permanency plan,
but increased visitation to the mother . The mother appeals
from the January 2016 permanency hearing order.
as two subsequent permanency orders have been issued
following the order appealed from, this appeal has been
rendered moot (see Matter of Lauren L. [Cassi M.],
79 A.D.3d 1172, 1172 ; Matter of Destiny HH.,
63 A.D.3d 1230, 1231 , lv denied 13 N.Y.3d 706');">13 N.Y.3d 706
; Matter of Ariel FF., 63 A.D.3d 1202, 1203
). With specific regard to the child born in 2011, the
mother's appeal has also been rendered moot by a final
order granting custody to the child's biological father
in February 2016 (see Matter of Dezerea G. [Lisa
G.], 97 A.D.3d 933, 935 ; Matter of Jacob
SS., 59 A.D.3d 825, 826 ). To the extent that the
mother presents due process challenges on the basis that she
was absent from the permanency hearing (see Matter of
Damian D. [Patricia WW.], 126 A.D.3d 12, 16 n 3 ;
Matter of Telsa Z. [Denise Z.], 84 A.D.3d 1599, 1600
n 2 , lv denied 17 N.Y.3d 708');">17 N.Y.3d 708 ), we find
no merit in her allegations, as she was represented by
counsel who actively participated in the proceedings and did
not request an adjournment (see Matter of Paige WW.
[Charles XX.], 71 A.D.3d 1200, 1205 ; Matter
of Curtis N., 288 A.D.2d 774, 775-776 , lv
denied 97 N.Y.2d 610');">97 N.Y.2d 610 ).
Rose, Clark and Aarons, JJ., concur.
that the appeal is dismissed, ...