Opinion
March 4, 1993
Appeal from the Family Court of Clinton County (Lewis, J.).
Respondents Dennis NN. and Panayota OO. (hereinafter respondents) both appeal from the order of Family Court directing that Dennis have no contact with the parties' natural children who were in the custody of Panayota. Respondents contend that the record fails to factually support that determination which lacks a judicial finding that Dennis as the father posed any risk of harm to the children. Respondents argue that Family Court improperly considered the parents' morals and lifestyle.
There has been no finding based upon admissible evidence that visitation with the natural father would present a risk to the children (see, Matter of Beverly SS., 132 A.D.2d 825, 826; see also, Matter of Rodolfo "CC" v. Susan "CC", 37 A.D.2d 657); accordingly, this Court is left without a finding of essential facts upon which visitation was terminated, thus precluding our effective appellate review (see, Matter of Young v. Hasselman, 188 A.D.2d 891, 892; Giorando v. Giorando, 93 A.D.2d 310, 312). Ordinarily the matter would be remitted for a hearing and proper findings (see, Matter of Kyesha A., 176 A.D.2d 381, 382); however, because the order expired after one year and has not been extended, further appellate proceedings have been rendered moot.
Levine, Mercure, Mahoney and Harvey, JJ., concur. Ordered that the appeals are dismissed, as moot, without costs.