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IN RE: N. C. (2025)

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

IN RE: N. C., Petitioner-Appellant, v. C. C., et al., Respondents-Respondents.

5307

Decided: December 09, 2025

Moulton, J.P., Kapnick, Mendez, Shulman, Hagler, JJ.

Geoffrey P. Berman, Larchmont, for appellant. Leventhal Mullaney & Blinkoff, LLP, Roslyn (Jeffrey Blinkoff of counsel), for St. Dominic's Family Services, respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Claire V. Merkine of counsel), attorney for the child.

Appeal from order, Family Court, Bronx County (Fiordaliza A. Rodriguez, J.), entered on or about April 1, 2025, which granted respondent foster care agency's motion to dismiss with prejudice petitioner grandmother's amended petition seeking custody of the subject child and denied her cross-motion to further amend the petition to include a cause of action for visitation, unanimously dismissed, without costs, as moot.

The appeal from the order dismissing appellant's petition for custody of the child is academic given that the child has been adopted by her foster parents (see Matter of Axel W. [Jacqueline S.], 233 A.D.3d 501, 221 N.Y.S.3d 119 [1st Dept. 2024];  Matter of Sandra M. v. Che M., 204 A.D.3d 491, 164 N.Y.S.3d 452 [1st Dept. 2022].  In any event, Family Court properly granted the motion to dismiss the petition for lack of standing, as the child had already been freed for adoption (see Matter of Carmen P. v Administration for Children's Servs., 149 A.D.3d 577, 577, 50 N.Y.S.3d 275 [1st Dept. 2017]).

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IN RE: N. C. (2025)

Docket No: 5307

Decided: December 09, 2025

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

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