Opinion
11-19-2015
In the Matter of IRYANNA I., Alleged to be a Neglected, Abused and/or Severely Abused Child.St. Lawrence County Department of Social Services, Respondent;Benjamin K., Appellant.
Alexander Lesyk, Norwood, for appellant. Maureen C. McGaw, Canton, attorney for the child.
Alexander Lesyk, Norwood, for appellant.
Maureen C. McGaw, Canton, attorney for the child.
Before: LAHTINEN, J.P., GARRY, EGAN JR. and CLARK, JJ.
Opinion
LAHTINEN, J.P.
Appeals from an order and an amended order of the Family Court of St. Lawrence County (Morris, J.), entered September 13, 2013 and September 16, 2013, which, in a proceeding pursuant to Family Ct. Act article 10, denied respondent's motion for summary judgment dismissing the petition.
In 2013, petitioner commenced this proceeding alleging that respondent had derivatively neglected, abused and/or severely abused the subject child (born in 2013). Respondent moved for summary judgment dismissing the petition. In an order and amended order, Family Court found that triable issues of fact existed regarding whether respondent had complied with required counseling and whether the conditions that led to the previous findings of abuse continued and, therefore, it denied the motion. Respondent now appeals.
Respondent's counsel seeks to be relieved of his assignment on the ground that there are no nonfrivolous issues to be pursued on appeal (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 [1967]; Matter of Jennifer HH. v. Veronica II., 70 A.D.3d 1072, 1073, 892 N.Y.S.2d 808 [2010]; Matter of William XX. v. Broome County Dept. of Social Servs., 11 A.D.3d 735, 736, 783 N.Y.S.2d 119 [2004] ). While “[i]ntermediate orders in Family Ct. Act article 10 matters involving abuse and neglect are appealable as of right” (Matter of Ameillia RR. [Megan SS.], 95 A.D.3d 1525, 1526, 944 N.Y.S.2d 679 [2012]; see Family Ct. Act § 1112[a]; cf. Matter of Confort v. Nicolai, 9 A.D.3d 428, 429, 779 N.Y.S.2d 789 [2004]; Matter of Koch v. Ackerman, 142 A.D.2d 581, 582, 530 N.Y.S.2d 239 [1988] ), a hearing was held after the order denying respondent's motion was issued, and Family Court held that petitioner had established that respondent derivatively neglected and abused the subject child. As a result, we agree with the parties that the instant matter is moot (see Matter of Ameillia RR. [Megan SS.], 95 A.D.3d at 1526, 944 N.Y.S.2d 679; Matter of Alexander K. [Jennifer N.], 77 A.D.3d 1023, 1024, 908 N.Y.S.2d 613 [2010] ) and, therefore, we need not address counsel's application to be relieved of his assignment (see Matter of Alexander K. [Jennifer N.], 77 A.D.3d at 1024, 908 N.Y.S.2d 613 [2010]; Matter of Chelsea M. [Ernest M.], 68 A.D.3d 1489, 1489–1490, 890 N.Y.S.2d 362 [2009] ).
ORDERED that the appeals are dismissed, as moot, without costs.
GARRY, EGAN JR. and CLARK, JJ., concur.