IN RE: JOHN C. (2000)

Appeal from order, Family Court, New York County (Sheldon Rand, J.), entered on or about January 21, 1998, which, after a hearing, denied petitioner grandmother's application for custody of the subject child, a neglected child who was then in foster care, and dismissed the petition with prejudice, unanimously dismissed, without costs.

Parental rights to the subject child having been terminated subsequent to the order on appeal, jurisdiction is lacking over a petition by a private person seeking “mere custody” of the child (Matter of Arnetta S., 186 A.D.2d 519, 589 N.Y.S.2d 327).   Petitioner's recourse is to seek adoption of the child (see, Matter of Charles H., 207 A.D.2d 788, 789, 616 N.Y.S.2d 521;  see also, Matter of Genoria SS., 233 A.D.2d 827, 650 N.Y.S.2d 830, lv. denied 89 N.Y.2d 811, 657 N.Y.S.2d 403, 679 N.E.2d 642;  Matter of Mary Liza J., 198 A.D.2d 350, 603 N.Y.S.2d 331, lv. denied 83 N.Y.2d 755, 612 N.Y.S.2d 378, 634 N.E.2d 979).   Since the appeal must be dismissed, we decline to reach the issue of whether Family Court erred in admitting reports of suspected child abuse or maltreatment naming petitioner despite the lack of a proper foundation pursuant to CPLR 4518 and Family Court Act § 651-a.

MEMORANDUM DECISION.