| Matter of Ariel FF. |
| 2009 NY Slip Op 04311 [63 AD3d 1202] |
| June 4, 2009 |
| Appellate Division, Third Department |
| In the Matter of Ariel FF., a Neglected Child. Clinton CountyDepartment of Social Services, Respondent; Linda FF., Appellant. (Proceeding No. 1.) In theMatter of Justine FF., a Neglected Child. Clinton County Department of Social Services,Respondent; Linda FF., Appellant. (Proceeding No. 2.) |
—[*1] Christine G. Peters, Clinton County Department of Social Services, Plattsburgh, forrespondent. William L. Koslosky, Law Guardian, Utica. Natalie B. Miner, Law Guardian, Homer.
Stein, J. Appeals from four orders of the Family Court ofClinton County (Lawliss, J.), entered January 18, 2008 and June 6, 2008, which grantedpetitioner's applications, in two proceedings pursuant to Family Ct Act article 10-A, to approvepetitioner's permanency plans for the subject children.
In September 2007, Family Court made a finding—based upon respondent'sadmission—that respondent had neglected her daughter, Justine FF. (born in 1991) and hergranddaughter, Ariel FF. (born in 2003), and removed both children from respondent's home.Justine was placed with her father and Ariel was placed in foster care. At the first permanencyhearing in January 2008 regarding petitioner's permanency plans for the children, Family Courtcontinued the placements of both children. At a subsequent permanency hearing in June 2008,Family Court removed Justine from her father's custody, placed her in the custody of petitionerand allowed respondent increased visitation; the court also continued Ariel's placement in fostercare. Respondent now appeals from each of Family Court's four permanency orders on the soleground that she was deprived of her right to counsel during the permanency hearings.
Respondent's appeals from the two January 2008 permanency orders have been renderedmoot by Family Court's issuance of the June 2008 orders (see Matter of Haylee RR., 56 AD3d 968, 968 [2008]; seegenerally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; Matter of DailyNews v Teresi, 275 AD2d 812, 814 [2000]). Similarly, additional permanency hearingsconcerning the children were scheduled for November 2008 and Family Court issued new ordersin December 2008 following those hearings, thus rendering the June 2008 orders moot, aswell.[FN*]Therefore, we dismiss the appeals.
Mercure, J.P., Rose, Malone Jr. and Garry, JJ., concur. Ordered that the appeals aredismissed, as moot, without costs.
Footnote *: Among other things, FamilyCourt terminated Justine's placement and discharged her to respondent's custody (where she hasresided since September 2008), and placed Ariel in her mother's care.