IN RE: OLGA R. (2025)

Appeal from order, Family Court, Bronx County (Cynthia Lopez, J.), entered on or about November 8, 2024, which dismissed the petition, brought on behalf of petitioner's grandson L.M., seeking an order granting sibling visitation with the subject child, F.M., unanimously dismissed, without costs, as moot.

Petitioner's appeal is moot, as F.M. was adopted during the pendency of the appeal and the adoptive parent was not named as a party (see Matter of Mehki L.W. [Keyara J.], 173 A.D.3d 629, 629, 101 N.Y.S.3d 595 [1st Dept. 2019];  see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980]).  Nor had she brought a visitation proceeding on behalf of F.M.'s older half-sibling upon notice to the party with care, custody, and control of F.M., namely F.M.'s adoptive parent (see Domestic Relations Law § 71;  Matter of Keenan R. v. Julie L., 72 A.D.3d 542, 542, 899 N.Y.S.2d 51 [1st Dept. 2010]).  Allowing the continued prosecution of this appeal from the order of dismissal would be improper, given that the biological parents' rights have been terminated and the individual who was F.M.'s foster parent when this proceeding was commenced is now F.M.'s legal parent.  Because the biological parents no longer have care, custody, or control of F.M., a reversal of the order dismissing the visitation petition and a remittal to Family Court for a hearing on the merits would have no immediate or practical effect.