IN RE: FANESSE D. (2025)

Supreme Court, Appellate Division, First Department, New York.

IN RE: FANESSE D., Petitioner–Respondent, v. AMAKOE D., Respondent–Appellant.

3669

Decided: February 13, 2025

Webber, J.P., Kennedy, Friedman, Mendez, Rodriguez, JJ.

Daniel X. Robinson, New York, for appellant. Kenneth M. Tuccillo, Hastings on Hudson, for respondent.

Appeal from order, Family Court, New York County (Jonathan H. Shim, J.), entered on or about January 10, 2024, which, after a hearing, granted the motion of petitioner mother for permission to obtain a passport for the subject child without respondent father's consent and to travel with the child to Benin, unanimously dismissed, without costs, as moot.

This appeal is moot because the period of travel that the order covered has passed (see Sanilevich v. Sanilevich, 127 A.D.3d 532, 532, 5 N.Y.S.3d 728 [1st Dept. 2015]). Petitioner already obtained a passport for the child, traveled with the child to Benin, and returned safely with the child in February 2024 (see Berger v. Prospect Park Residence, LLC, 166 A.D.3d 937, 938, 87 N.Y.S.3d 572 [2d Dept. 2018], lv denied 33 N.Y.3d 910, 2019 WL 2622555 [2019]).

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