Opinion
10-20-2016
In re GEOVANY S., and Others, Children Under Eighteen Years of Age, etc., Geovany S., et al., Appellants, Administration for Children's Services, Petitioner–Respondent, Martin R., Respondent–Respondent.
Neal D. Futerfas, White Plains, for appellants. Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for Administration for Children's Services, respondent. Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for Martin R., respondent.
Neal D. Futerfas, White Plains, for appellants.
Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for Administration for Children's Services, respondent.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for Martin R., respondent.
SWEENY, J.P., RENWICK, MANZANET–DANIELS, GISCHE, WEBBER, JJ.
Appeal from order of fact-finding and disposition (one paper), Family Court, Bronx County (Joan L. Piccirillo, J.), entered on or about April 28, 2014, which, to the extent appealed from as limited by the briefs, following a fact-finding hearing, determined that respondent derivatively neglected the appellant children, unanimously dismissed, without costs, as moot.
The appellant children are not aggrieved by the finding against respondent that he derivatively neglected them (see Matter of Desiree C., 7 A.D.3d 522, 523, 776 N.Y.S.2d 320 [2d Dept.2004] ). To the extent that the children were aggrieved by the dispositional portion of the order, which prevented respondent from living with them for one year, its terms have expired (see Matter of David L. Jr. [David L.], 118 A.D.3d 468, 469, 988 N.Y.S.2d 140 [1st Dept.2014] ). Furthermore, the two older appellant children have reached the age of 18, and thus, the proceedings are academic as to them (see Matter of Joseph B., 6 A.D.3d 609, 610, 774 N.Y.S.2d 822 [2d Dept.2004] ).