Opinion
8671
03-12-2019
IN RE JAYDEN T., and Another, Children Under Eighteen Years of Age, etc., Abbigale T. (Deceased), Respondent, v. Administration for Children's Services, Petitioner–Respondent. Lesleen T., Nonparty Appellant.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Eric Lee of counsel), for respondent. Karen Freedman, Lawyers For Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the children.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Eric Lee of counsel), for respondent.
Karen Freedman, Lawyers For Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the children.
Gische, J.P., Webber, Kern, Singh, JJ.
Appeal from order, Family Court, New York County (Tamara Schwarzman, Referee), entered on or about November 15, 2017, which suspended visitation between appellant grandmother and the subject children, unanimously dismissed, without costs, as moot.
The grandmother's appeal from the order suspending her visitation with the children has been rendered moot by the adoption of the children by their foster parent (see Matter of Nitthanean R. [Joy R.], 165 A.D.3d 502, 85 N.Y.S.3d 434 [1st Dept. 2018] ; Matter of Aliyah B. v. Taliby K., 149 A.D.3d 667, 50 N.Y.S.3d 879 [1st Dept. 2017], lv denied 29 N.Y.3d 917, 2017 WL 3877603 [2017] ; Matter of Alexis C. [Jacqueline A.], 99 A.D.3d 542, 952 N.Y.S.2d 175 [1st Dept. 2012], lv denied 20 N.Y.3d 856, 2013 WL 105349 [2013] ).
We would dismiss the appeal in any event, because the challenged order was entered on default (see Matter of Pedro A. v. Susan M., 95 A.D.3d 458, 942 N.Y.S.2d 869 [1st Dept. 2012] ).