| Matter of Boore v Parks |
| 2009 NY Slip Op 04775 [63 AD3d 1307] |
| June 11, 2009 |
| Appellate Division, Third Department |
| In the Matter of Brian J. Boore, Appellant, v Florence H. Parks,Respondent. |
—[*1] Tracy Donovan Laughlin, Cherry Valley, for respondent. Randolph V. Kruman, Law Guardian, Cortland.
Rose, J. Appeal from an order of the Family Court of Otsego County (Burns, J.), enteredApril 18, 2007, which granted petitioner's application, in a proceeding pursuant to Family Ct Actarticle 6, for visitation with the parties' child.
Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the biologicalparents of a child born in 1998. The father, who was in jail when the child was born, consentedto entry of an order granting the mother sole custody with no visitation for him. Later, after nothaving seen the child for approximately six years, the father commenced this proceeding toobtain visitation while he was again incarcerated. Following a hearing, Family Court awardedhim visitation by means of a video conference on one occasion. The father appeals, contendingthat Family Court should have granted him in-person jailhouse visitation.
Inasmuch as the father is no longer incarcerated, the appeal is moot (see Matter ofRebecca O. v Todd P., 309 AD2d 982, 983 [2003]). To the extent that he seeks in-personvisitation now that he has been released on parole, the proper course would be to seek such reliefin a new petition affording Family Court an opportunity to determine the child's best interestsunder the father's current circumstances (see Matter of Anthony MM. v Rena LL., 34 AD3d 1171, 1172[2006], lv denied 8 NY3d 805 [2007]).[*2]
Peters, J.P., Lahtinen, Kane and Kavanagh, JJ., concur.Ordered that the appeal is dismissed, as moot, without costs.