Opinion
12-01-2016
In the Matter of Marleah K. YERKES, Respondent, v. Brian C. HARDY, Appellant, et al., Respondent. (And Two Other Related Proceedings.).
Andrea J. Mooney, Ithaca, for appellant.
Andrea J. Mooney, Ithaca, for appellant.
Before: GARRY, J.P., EGAN JR., ROSE, DEVINE and MULVEY, JJ.
ROSE, J.Appeal from an order of the Family Court of Chemung County (Rich Jr., J.), entered January 22, 2015, which, among other things, granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 6, for custody of the subject child.
Respondent Brian C. Hardy (hereinafter the father) is the father of a daughter (born in 1998). In 2005, the child's mother was incarcerated and, shortly thereafter, passed away. At that time, respondent Helena Bell, the child's maternal aunt, was granted sole custody of the child on default. From 2005 until 2014, the child resided with various relatives, including, most recently, the father. In August 2014, petitioner, the mother of one of the child's friends, commenced the first of these proceedings seeking custody of the child. Bell and the father then each commenced modification proceedings seeking an order granting the father sole custody of the child. Ultimately, following fact-finding and Lincoln hearings, Family Court awarded sole custody to petitioner. The father now appeals.
During the pendency of this appeal, the child has turned 18 years of age. Inasmuch as Family Ct. Act article 6 “authorizes a court to adjudicate custody and visitation issues with respect to minors, who are defined as ‘person[s] who ha[ve] not attained the age of [18] years' ” (Matter of Troy SS. v. Judy UU., 140 A.D.3d 1348, 1349–1350, 34 N.Y.S.3d 506 [2016], lv. denied 28 N.Y.3d 902, 2016 WL 4743055 [2016], quoting Family Ct. Act § 119[c] ), we are constrained to dismiss the father's appeal as moot (see Matter of Gerber v. Gerber, 141 A.D.3d 901, 902, 34 N.Y.S.3d 781 [2016] ; Matter of McCullough v. Harris, 119 A.D.3d 992, 993, 989 N.Y.S.2d 520 [2014] ).ORDERED that the appeal is dismissed, as moot, without costs.
GARRY, J.P., EGAN JR., DEVINE and MULVEY, JJ., concur.