IN RE: S.C. (2026)

Appeal from order, Family Court, New York County (Genna D. Teitelbaum, Ref.), entered on or about October 4, 2023, which denied nonparty appellant's motion seeking to have the subject child placed in her home, unanimously dismissed, without costs, as moot.

Upon review of the record, we agree with appellant's assigned counsel that her appeal has been rendered moot by the subject child turning 21 years old during the pendency of this appeal, as “[n]o placement may be made or continued under this section beyond the child's eighteenth birthday without his or her consent and in no event past his or her twenty-first birthday” (Family Court Act § 1055[e];  see Matter of Kamonie U. [Lilian A.], 204 A.D.3d 433, 435, 166 N.Y.S.3d 158 [1st Dept. 2022]).

As this Court has determined that the appeal is moot, the application by appellant's assigned counsel to withdraw is granted.  We do not reach the issue raised by counsel pertaining to the existence of nonfrivolous issues that could be raised on appeal (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 [1967];  People v. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161 [1st Dept. 1976]), and instead sua sponte relieve counsel from representation of appellant, as his representation on this appeal has been rendered moot by virtue of this order.