Opinion
806 CAF 19-00615
10-02-2020
IN THE MATTER OF CRYSTAL L. RICHTER, PETITIONER-APPELLANT, v. JOSEPH T. RICHTER, RESPONDENT-RESPONDENT.
DEBORAH J. SCINTA, ORCHARD PARK, FOR PETITIONER-APPELLANT. JENNIFER M. LORENZ, ORCHARD PARK, FOR RESPONDENT-RESPONDENT. AUDREY ROSE HERMAN, BUFFALO, ATTORNEY FOR THE CHILDREN.
PRESENT:
DEBORAH J. SCINTA, ORCHARD PARK, FOR PETITIONER-APPELLANT.
JENNIFER M. LORENZ, ORCHARD PARK, FOR RESPONDENT-RESPONDENT.
AUDREY ROSE HERMAN, BUFFALO, ATTORNEY FOR THE CHILDREN.
Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered February 14, 2019 in a proceeding pursuant to Family Court Act article 6. The order modified a prior visitation order.
It is hereby ORDERED that said appeal insofar as it concerns the older child is unanimously dismissed and the order is affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 6, petitioner mother appeals from an order modifying a prior visitation order. The appeal is moot with respect to the older child because she is now 18 years old (see Matter of Rossborough v Alatawneh, 129 AD3d 1537, 1538 [4th Dept 2015], lv dismissed in part and denied in part 26 NY3d 982 [2015]). Contrary to the mother's contention, we conclude that there is a sound and substantial basis in the record for Family Court's determination with respect to the best interests of the younger child (see Matter of Pierce v Pierce, 151 AD3d 1610, 1610-1611 [4th Dept 2017], lv denied 30 NY3d 902 [2017]).
Entered: October 2, 2020
Mark W. Bennett
Clerk of the Court