Opinion
516023.
01-22-2015
In the Matter of JOSEPH A. et al., Petitioners, v. LAURIE J., Appellant, and Broome County Department of Social Services, Respondent, et al., Respondent. (And Four Other Related Proceedings.).
Samuel D. Castellino, Big Flats, for appellant. Kuredin V. Eytina, Broome County Department of Social Services, Binghamton, for Broome County Department of Social Services, respondent. Carman M. Garufi, Binghamton, attorney for the children.
Samuel D. Castellino, Big Flats, for appellant.
Kuredin V. Eytina, Broome County Department of Social Services, Binghamton, for Broome County Department of Social Services, respondent.
Carman M. Garufi, Binghamton, attorney for the children.
Before: PETERS, P.J., LAHTINEN, GARRY, ROSE and LYNCH, JJ.
Opinion
GARRY, J. Appeal from an order of the Family Court of Broome County (Connerton, J.), entered December 5, 2012, which, among other things, dismissed petitioners' applications, in five proceedings pursuant to Family Ct. Act article 6, for custody of the subject children.
Respondent Laurie J. (hereinafter the mother) is the mother of three children who are the subjects of this appeal. In October 2010, Family Court found that the mother had neglected the subject children and her four other children, and this Court affirmed that order (Matter of Alyson J. [Laurie J.], 88 A.D.3d 1201, 931 N.Y.S.2d 741 [2011], lv. denied 18 N.Y.3d 803, 2012 WL 44346 [2012] ). In April 2012, the permanency plan, which had previously been to reunify the children with the mother, was changed to free them for adoption. Petitioners (hereinafter the grandparents) then commenced proceedings pursuant to Family Ct. Act article 6 seeking custody of the children, and respondent Broome County Department of Social Services opposed this relief. Following a fact-finding hearing, Family Court dismissed the grandparents' custody petitions. The mother appeals.
The appeal must be dismissed, as the mother is not aggrieved by Family Court's order (see CPLR 5511 ). The mother was not the children's custodial parent, and the dismissal of the grandparents' custody petitions neither altered this circumstance nor otherwise affected her legal rights or direct interests. Thus, she does not have standing to pursue this appeal (see Matter of Valenson v. Kenyon, 80 A.D.3d 799, 799, 914 N.Y.S.2d 753 [2011] ; Matter of Carol YY. v. James OO., 68 A.D.3d 1463, 1463, 890 N.Y.S.2d 360 [2009] ; Matter of Brian JJ. v. Heather KK., 61 A.D.3d 1285, 1287, 878 N.Y.S.2d 482 [2009] ). ORDERED that the appeal is dismissed, without costs.
PETERS, P.J., LAHTINEN, ROSE and LYNCH, JJ., concur.