Matter of Jayding S. (Vanessa S.)

Appellate Division of the Supreme Court of New York

Matter of Jayding S. (Vanessa S.)

140 A.D.3d 542, 32 N.Y.S.3d 498

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 2016

Docket2582

StatusPublished

Cited by1 cases

This text of 140 A.D.3d 542 (Matter of Jayding S. (Vanessa S.)) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Jayding S. (Vanessa S.), 140 A.D.3d 542, 32 N.Y.S.3d 498 (N.Y. Ct. App. 2016).

Pincite

Opinion

Appeal from order, Family Court, Bronx County (Carol R. Sherman, J.), entered on or about October 8, 2015, which granted petitioner agency’s petition seeking a modification of an order of disposition, to the extent of directing that an expedited hearing be held to determine whether good cause exists for modification under Family Court Act § 1061, unanimously dismissed, without costs.

The appeal is moot, because the modification petition was dismissed in April 2016 due to the agency’s withdrawal of the petition. The issues respondent mother seeks to raise concerning Family Court’s jurisdiction are not substantial and novel questions that should be addressed by this Court, and are unlikely to recur in light of the recent amendments to Family Court Act § 1055-b (see Duane Reade Inc. v Local 338, Retail, Wholesale, Dept. Store Union, UFCW, AFL-CIO, 11 AD3d 406 [1st Dept 2004]). Nor has the mother shown that she will suf *543 fer ascertainable and legally significant consequences if the order appealed from is not vacated (see e.g. Matter of Javier R. [Robert R.], 43 AD3d 1, 3-5 [1st Dept 2007], appeal dismissed 10 NY3d 754 [2008]).

Concur — Mazzarelli, J.P., Andrias, Saxe, Gische and Kahn, JJ.

Motion to dismiss the appeal as moot denied as academic.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from order, Family Court, Bronx County (Carol R. Sherman, J.), entered on or about October 8, 2015, which granted petitioner agency’s petition seeking a modification of an order of disposition, to the extent of directing that an expedited hearing be held to determine whether good cause exists for modification under Family Court Act § 1061, unanimously dismissed, without costs.

The appeal is moot, because the modification petition was dismissed in April 2016 due to the agency’s withdrawal of the petition. The issues respondent mother seeks to raise concerning Family Court’s jurisdiction are not substantial and novel questions that should be addressed by this Court, and are unlikely to recur in light of the recent amendments to Family Court Act § 1055-b (see Duane Reade Inc. v Local 338, Retail, Wholesale, Dept. Store Union, UFCW, AFL-CIO, 11 AD3d 406 [1st Dept 2004]). Nor has the mother shown that she will suf *543 fer ascertainable and legally significant consequences if the order appealed from is not vacated (see e.g. Matter of Javier R. [Robert R.], 43 AD3d 1, 3-5 [1st Dept 2007], appeal dismissed 10 NY3d 754 [2008]).

Concur — Mazzarelli, J.P., Andrias, Saxe, Gische and Kahn, JJ.

Motion to dismiss the appeal as moot denied as academic.

Cite This Page — Counsel Stack

Bluebook (online)

140 A.D.3d 542, 32 N.Y.S.3d 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-jayding-s-vanessa-s-nyappdiv-2016.

Opinion

Related

Cite This Page — Counsel Stack