From Casetext: Smarter Legal Research

In re Leah S.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 24, 2009
61 A.D.3d 1402 (N.Y. App. Div. 2009)

Opinion

No. CAF 08-00426.

April 24, 2009.

Appeal from an order of the Family Court, Orleans County (James P. Punch, J.), entered February 6, 2008 in a proceeding pursuant to Family Court Act article 10. The order, insofar as appealed from, ordered that visitation shall occur only if petitioner deemed it appropriate.

THOMAS N. MARTIN, ROCHESTER, FOR RESPONDENT-APPELLANT.

DAVID C. SCHUBEL, COUNTY ATTORNEY, ALBION (JAMES D. BELL OF COUNSEL), FOR PETITIONER-RESPONDENT.

KATHLEEN M. CONTRINO, LAW GUARDIAN, NORTH TONAWANDA, FOR LEAH S., GABRIEL S., SAMI S., AND BABY T.

Present: Hurlbutt, J.P., Peradotto, Carni, Green and Pine, JJ.


It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: On appeal from an order of fact-finding and disposition finding that respondent mother abused her children and ordering, inter alia, that visitation between the mother and three of her children "shall occur only if the [petitioner] deems it appropriate and as outlined in the companion Article 6 Custody Order," the mother's sole contention is that Family Court improperly delegated to petitioner its authority to determine whether visitation was appropriate. While we agree with the mother with respect to the merits of her contention ( see Matter of Hameed v Alatawaneh, 19 AD3d 1135; Matter of Battista v Battista, 294 AD2d 941; Wills v Wills, 283 AD2d 1023), we conclude that, because the order on appeal has expired, this appeal is moot ( see e.g. Matter of Julia R., 52 AD3d 1310, lv denied 11 NY3d 709; Matter of Abbi M., 37 AD3d 1084; Matter of Michael G., 300 AD2d 1144).


Summaries of

In re Leah S.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 24, 2009
61 A.D.3d 1402 (N.Y. App. Div. 2009)
Case details for

In re Leah S.

Case Details

Full title:In the Matter of LEAH S. and Others, Infants. ORLEANS COUNTY DEPARTMENT OF…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 24, 2009

Citations

61 A.D.3d 1402 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 3295
877 N.Y.S.2d 711

Citing Cases

William-Torand v. Tibor Torand

The father did not contest custody at trial and is not raising it on appeal. While a child's views should be…

Kameron R. Oswego Cnty. Dep't of Soc. Servs. v. Alexis R.

In appeal No. 2, the mother appeals from an order of protection issued in favor of the subject child. As an…