Opinion
01-05-2016
In re D'ELYN DELILAH W., A Child Under Eighteen Years of Age, etc., Liza Carmen T., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.
Steven N. Feinman, White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.
Appeal from order, Family Court, New York County (Susan M. Doherty, Referee), entered on or about April 29, 2014, which, after a hearing, denied respondent mother's application to modify an order of disposition to provide increased visitation with the subject child, unanimously dismissed, without costs, as moot.
The mother's appeal has been rendered moot by the termination of her parental rights following a finding of permanent neglect. Family Court lacks authority to direct continuing contact between a parent and child where, as here, parental rights have been terminated in a contested proceeding (see Matter of Hailey ZZ. [Ricky ZZ. ], 19 N.Y.3d 422, 948 N.Y.S.2d 846, 972 N.E.2d 87 [2012] ; Matter of April S., 307 A.D.2d 204, 204, 762 N.Y.S.2d 380 [1st Dept.2003], lv. denied 1 N.Y.3d 504, 775 N.Y.S.2d 781, 807 N.E.2d 894 [2003] ). In any event, the mother did not demonstrate changed circumstances or any other factual basis that would provide "good cause" to modify the visitation provisions of the dispositional order in the article 10 proceeding (see Family Ct. Act § 1061 ; Matter of
Shinice H., 194 A.D.2d 444, 444, 599 N.Y.S.2d 37 [1st Dept.1993] ).
FRIEDMAN, J.P., SWEENY, SAXE, MOSKOWITZ, JJ., concur.