Opinion
806 CAF 19–00615
10-02-2020
In the Matter of Crystal L. RICHTER, Petitioner-Appellant, v. Joseph T. RICHTER, Respondent-Respondent.
DEBORAH J. SCINTA, ORCHARD PARK, FOR PETITIONER-APPELLANT. JENNIFER M. LORENZ, ORCHARD PARK, FOR RESPONDENT-RESPONDENT. AUDREY ROSE HERMAN, BUFFALO, ATTORNEY FOR THE CHILDREN.
DEBORAH J. SCINTA, ORCHARD PARK, FOR PETITIONER-APPELLANT.
JENNIFER M. LORENZ, ORCHARD PARK, FOR RESPONDENT-RESPONDENT.
AUDREY ROSE HERMAN, BUFFALO, ATTORNEY FOR THE CHILDREN.
PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal insofar as it concerns the older child is unanimously dismissed and the order is affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 6, petitioner mother appeals from an order modifying a prior visitation order. The appeal is moot with respect to the older child because she is now 18 years old (see Matter of Rossborough v. Alatawneh , 129 A.D.3d 1537, 1538, 11 N.Y.S.3d 368 [4th Dept. 2015], lv dismissed in part and denied in part 26 N.Y.3d 982, 18 N.Y.S.3d 595, 40 N.E.3d 573 [2015] ). Contrary to the mother's contention, we conclude that there is a sound and substantial basis in the record for Family Court's determination with respect to the best interests of the younger child (see Matter of Pierce v. Pierce , 151 A.D.3d 1610, 1610-1611, 56 N.Y.S.3d 703 [4th Dept. 2017], lv denied 30 N.Y.3d 902, 2017 WL 4654065 [2017] ).