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Carmen P. v. Admin. for Children's Servs.

Supreme Court, Appellate Division, First Department, New York.
Apr 20, 2017
149 A.D.3d 577 (N.Y. App. Div. 2017)

Opinion

04-20-2017

In re CARMEN P., Petitioner–Appellant, v. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent–Respondent.

Geoffrey P. Berman, Larchmont, for appellant. Zachary W. Carter, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the children.


Geoffrey P. Berman, Larchmont, for appellant.

Zachary W. Carter, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for respondent.

Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the children.

Appeal from order, Family Court, New York County (Susan K. Knipps, J.), entered on or about March 29, 2016, which granted the attorney for the children's motion to dismiss with prejudice the petition for custody of the subject children brought pursuant to article 6 of the Family Court Act, unanimously dismissed, without costs, as moot.

Petitioner's request for custody of the subject children is now moot as the children's adoption by their foster parent was finalized in May 2016 (see Matter of Alexis C. [Jacqueline A.], 99 A.D.3d 542, 543, 952 N.Y.S.2d 175 [1st Dept.2012], lv. denied 20 N.Y.3d 856, 2013 WL 105349 [2013] ; Matter of Iyanna KK. [Edward KK.], 141 A.D.3d 885, 886, 34 N.Y.S.3d 910 [3d Dept.2016] ). In any event, the Family Court properly dismissed the petition for lack of standing, as the children had already been freed for adoption (see Matter of Arnetta S. v. Commissioner of Social Servs. of City of N.Y., 186 A.D.2d 519, 589 N.Y.S.2d 327 [1st Dept.1992] ).

We have considered the remaining arguments and find them unavailing.

ACOSTA, J.P., RICHTER, ANDRIAS, KAHN, GESMER, JJ., concur.


Summaries of

Carmen P. v. Admin. for Children's Servs.

Supreme Court, Appellate Division, First Department, New York.
Apr 20, 2017
149 A.D.3d 577 (N.Y. App. Div. 2017)
Case details for

Carmen P. v. Admin. for Children's Servs.

Case Details

Full title:In re CARMEN P., Petitioner–Appellant, v. ADMINISTRATION FOR CHILDREN'S…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Apr 20, 2017

Citations

149 A.D.3d 577 (N.Y. App. Div. 2017)
149 A.D.3d 577
2017 N.Y. Slip Op. 3045

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