Opinion
2012-09-27
In re Louis N., A Child Under the Age of Eighteen Years, etc., Dawn O., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Carol Kahn, New York, for appellant. Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
Carol Kahn, New York, for appellant. Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
TOM, J.P., MAZZARELLI, SAXE, CATTERSON, DeGRASSE, JJ.
Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about June 28, 2011, which, after a fact-finding determination that respondent mother had abused and neglected the subject child, awarded custody of the child to the grandmother, and order, same court and Judge, also entered on or about June 28, 2011, which granted the grandmother's petition for custody of the child, unanimously affirmed, without costs. Appeal from order of protection, same court and Judge, entered on or about June 28, 2011, which, among other things, directed that the mother stay away from the child, except for visitation approved by the grandmother, until June 28, 2012, unanimously dismissed, without costs, as moot.
The mother failed to preserve her arguments that Family Court issued an unauthorized disposition ( see generally Matter of Toshea C.J., 62 A.D.3d 587, 880 N.Y.S.2d 36 [1st Dept.2009] ). Were we to review them, we would find that Family Court appropriately held a consolidated dispositional hearing to resolve the custody and abuse/neglect petitions ( seeFamily Ct. Act § 1055–b [a] ). We would further find that compliance with the Interstate Compact on the Placement of Children (ICPC) was not required because the award of custody to the out-of-state grandmother was made under article 6 of the Family Court Act ( seeFamily Ct. Act § 1055–b[a] ), to which the ICPC does not apply ( see Merril Sobie, Practice Commentary, McKinney's Cons. Laws of N.Y., Book 29A, Family Court Act § 651 at 123).
A preponderance of the evidence at the consolidated dispositional hearing showed that extraordinary circumstances existed supporting an award of custody to a nonparent and that it was in the best interests of the child to award custody to the grandmother ( seeFamily Ct. Act § 1055–b[a] ). The child, who is learning disabled and educationally delayed, is now 10 years old, and for 2 years he has been living in the loving and stable home of his grandparents, who meet all of his needs and who have addressed the health and emotional problems from which he suffered at the time of his arrival. By contrast, the mother, who was absent from court proceedings for over a year, has not demonstrated any remorse or insight into her parental shortcomings.
Because the order of protection has expired, the appeal from the order is moot ( see Matter of Brandon M. [Luis M.], 94 A.D.3d 520, 520, 942 N.Y.S.2d 79 [1st Dept.2012]; Matter of Diallo v. Diallo, 68 A.D.3d 411, 888 N.Y.S.2d 744 [1st Dept.2009], lv. dismissed14 N.Y.3d 854, 901 N.Y.S.2d 135, 927 N.E.2d 556 [2010] ). Were we to reach the merits, we would find that Family Court providently exercised its discretion in issuing the order, given the evidence of abuse and neglect ( seeFamily Ct. Act § 1056[1] ).
We have considered the mother's remaining contentions, including her argument that the grandmother did not have standing to file a custody petition, and we find them unavailing.