Opinion
525603
06-08-2023
In the MATTER OF AMARI F., Alleged to be a Permanently Neglected Child. Albany County Department for Children, Youth and Families, Respondent; v. Haley F., Appellant. (And Another Related Proceeding.)
William V. O'Leary, Albany, for appellant. Eugenia Koutelis Condon, County Attorney, Albany (Carly Mousseau of counsel) for respondent. Tracey A. Brown, Delmar, attorney for the child. Copps DiPaola Silverman, PLLC, Albany (Joseph R. Williams of counsel), for Stephanie G.
William V. O'Leary, Albany, for appellant.
Eugenia Koutelis Condon, County Attorney, Albany (Carly Mousseau of counsel) for respondent.
Tracey A. Brown, Delmar, attorney for the child.
Copps DiPaola Silverman, PLLC, Albany (Joseph R. Williams of counsel), for Stephanie G.
Before: Garry, P.J., Aarons, Pritzker, Ceresia and Fisher, JJ.
MEMORANDUM AND ORDER
Garry, P.J. Appeal from an order of the Family Court of Albany County (Margaret T. Walsh, J.), entered August 24, 2017, which, among other things, granted petitioner's application, in a proceeding pursuant to Social Services Law § 384–b, to adjudicate the subject child to be permanently neglected, and terminated respondent's parental rights.
Respondent is the biological mother of the subject child (born in 2010). In 2012, when she was less than two years old, the child was removed from respondent's care, placed in petitioner's custody and, upon respondent's admissions, adjudicated to have been neglected. In 2014, petitioner filed the instant application to adjudicate the child to have been permanently neglected and terminate respondent's parental rights. The child's maternal grandmother then petitioned for custody of the child. Respondent later waived her right to a fact-finding hearing and admitted to several of the allegations in the petition, including that she failed to plan for the child's future in spite of petitioner's diligent efforts to strengthen the parental relationship. Based on those admissions, Family Court found respondent to have permanently neglected the child. Following a dispositional hearing at which the grandmother's petition was also considered, the court granted petitioner's application. Respondent appeals.
During the pendency of this appeal, the child was adopted, notably by the foster family whose care she has been in since her initial removal from respondent over 10 years ago. Although a child's adoption will not render moot a challenge to the finding of permanent neglect (see Matter of Iyanna KK. [Edward KK.], 141 A.D.3d 885, 886, 34 N.Y.S.3d 910 [3d Dept. 2016] ; Matter of Mahogany Z. [Wayne O.], 72 A.D.3d 1171, 1172, 897 N.Y.S.2d 313 [3d Dept. 2010], lv denied 14 N.Y.3d 714, 2010 WL 2365850 [2010] ; Matter of Matthew C. , 227 A.D.2d 679, 680, 641 N.Y.S.2d 753 [3d Dept. 1996] ), respondent does not take issue with that underlying finding here. Instead, she challenges only Family Court's choice among dispositions, and it is well established that a challenge to the court's disposition in a Social Services Law § 384–b proceeding is rendered moot by a subsequent adoption (see Matter of Iyanna KK. [Edward KK.], 141 A.D.3d at 886, 34 N.Y.S.3d 910 ; see also Matter of Kayalionna S.C. [Jessica C.], 190 A.D.3d 600, 600, 136 N.Y.S.3d 729 [1st Dept. 2021] ; Matter of Matter of Jaxon S. [Jason S.], 170 A.D.3d 1687, 1688, 96 N.Y.S.3d 794 [4th Dept. 2019] ). The exception to the mootness doctrine has not been raised, and it does not apply; although the arguments presented by respondent are substantial and likely to recur, "they are not likely to evade review, as they could be preserved – where necessary and appropriate – by a stay of the adoption proceeding" ( Matter of Karlee JJ. [Jessica JJ.], 105 A.D.3d 1304, 1305, 964 N.Y.S.2d 686 [3d Dept. 2013] ; see Family Ct Act § 1114 ; see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ). In light of the foregoing, we must dismiss this appeal.
Aarons, Pritzker, Ceresia and Fisher, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.