Matter of Aliyah B. v. Taliby K.

Appellate Division of the Supreme Court of New York

Matter of Aliyah B. v. Taliby K.

2017 NY Slip Op 3272, 149 A.D.3d 667, 50 N.Y.S.3d 879

Appellate Division of the Supreme Court of the State of New York·Decided April 27, 2017·No. 3860·Published·Cited by 1 cases

Opinion

Appeal from order, Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about February 8, 2016, which dismissed the petition for guardianship brought pursuant to article 6 of the Family Court Act, unanimously dismissed, without costs, as moot.

Petitioner’s request for guardianship is now moot as the child’s adoption by his maternal aunt and foster parent was finalized in November 2016 (see Matter of Alexis C. [Jacqueline A.], 99 AD3d 542, 543 [1st Dept 2012], lv denied 20 NY3d 856 [2013]; Matter of lyanna KK. [Edward KK], 141 AD3d 885, 886 [3d Dept 2016]). In any event, under the circumstances, the petition was properly dismissed where the petitioner’s parental rights had been terminated (see Matter of Mandju S.K. [Aliyah B.D.], 120 AD3d 1133 [1st Dept 2014], lv denied 24 NY3d 911 [2014]), the child freed for adoption, and both the Administration for Children’s Services and the attorney for the child opposed the petition.

Concur — Sweeny, J.P., Acosta, Renwick, Moskowitz and Kahn, JJ.

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Appeal from order, Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about February 8, 2016, which dismissed the petition for guardianship brought pursuant to article 6 of the Family Court Act, unanimously dismissed, without costs, as moot.

Petitioner’s request for guardianship is now moot as the child’s adoption by his maternal aunt and foster parent was finalized in November 2016 (see Matter of Alexis C. [Jacqueline A.], 99 AD3d 542, 543 [1st Dept 2012], lv denied 20 NY3d 856 [2013]; Matter of lyanna KK. [Edward KK], 141 AD3d 885, 886 [3d Dept 2016]). In any event, under the circumstances, the petition was properly dismissed where the petitioner’s parental rights had been terminated (see Matter of Mandju S.K. [Aliyah B.D.], 120 AD3d 1133 [1st Dept 2014], lv denied 24 NY3d 911 [2014]), the child freed for adoption, and both the Administration for Children’s Services and the attorney for the child opposed the petition.

Concur — Sweeny, J.P., Acosta, Renwick, Moskowitz and Kahn, JJ.

Matter of Aliyah B. v. Taliby K., 2017 NY Slip Op 3272, 149 A.D.3d 667, 50 N.Y.S.3d 879 (N.Y. Ct. App. 2017).

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Opinion

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