Opinion
12946 Dkt. No. B-8567-17 Case No. 2019-04202
01-26-2021
In the MATTER OF KAYALIONNA S.C. also known as Kayalionna C., A Child Under the Age of Eighteen Years, etc., Jessica C., Respondent–Appellant, v. Cardinal McCloskey Services, Petitioner–Respondent.
Andrew J. Baer, New York, for appellant. Rosin Steinhagen Mendel PLLC, New York (Melissa Wagshul of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
Andrew J. Baer, New York, for appellant.
Rosin Steinhagen Mendel PLLC, New York (Melissa Wagshul of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
Gische, J.P., Kern, Moulton, Shulman, JJ.
Appeal from order of disposition, Family Court, Bronx County (David J. Kaplan, J.), entered on or about August 24, 2018, which, upon a finding of permanent neglect on default, terminated the mother's parental rights to the subject child and transferred custody of the child to petitioner agency and the Commissioner for the Administration for Children's Services for the purposes of adoption, unanimously dismissed, without costs, as moot.
The mother's appeal from the order of disposition that terminated her parental rights has been rendered moot by the child's subsequent adoption (see Matter of Alexis C. [Jacqueline A.] , 99 A.D.3d 542, 543, 952 N.Y.S.2d 175 [1st Dept. 2012], lv. denied 20 N.Y.3d 856, 2013 WL 105349 [2013] ). Were we to review the order on the merits, we would find that a preponderance of the evidence supports the court's finding that it was in the child's best interests to terminate the mother's parental rights and free her for adoption ( id. ).