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Tiffany S. v. Otsego County Department of Social Services

Appellate Division of the Supreme Court of New York, Third Department
Dec 14, 2000
278 A.D.2d 607 (N.Y. App. Div. 2000)

Opinion

December 14, 2000.

Appeal from a decision of the Family Court of Otsego County (Scarzafava, J.), entered November 23, 1999, which, inter alia, dismissed petitioner's application, in a proceeding pursuant to Family Court Act article 6, for modification of a prior order concerning the custody of her son.

Theodore J. Stein, Willow, for appellant.

Steven E. Ratner, Department of Social Services, Cooperstown, for respondent.

Susan Marris, Law Guardian, Manlius, for Job "S".

Before: Crew III, J.P., Peters, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER


By order entered July 26, 2000, Family Court (Bartlett III, J.) granted sole custody of petitioner's child to the child's paternal grandmother. Accordingly, the instant appeal is moot and the Law Guardian's motion to dismiss the appeal on that basis is granted. To the extent that petitioner contends that the July 26, 2000 order constitutes a de facto termination of her parental rights and denies her due process, her remedy, if any, lies in an appeal from that order.

ORDERED that the motion is granted and the appeal is dismissed, as moot, without costs.


Summaries of

Tiffany S. v. Otsego County Department of Social Services

Appellate Division of the Supreme Court of New York, Third Department
Dec 14, 2000
278 A.D.2d 607 (N.Y. App. Div. 2000)
Case details for

Tiffany S. v. Otsego County Department of Social Services

Case Details

Full title:In the Matter of TIFFANY "S", Appellant, v. OTSEGO COUNTY DEPARTMENT OF…

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

Date published: Dec 14, 2000

Citations

278 A.D.2d 607 (N.Y. App. Div. 2000)
718 N.Y.S.2d 232

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