Matter of Shelia B. v Shirelle Jasmine B.

2009 NY Slip Op 08697 [67 AD3d 610]

November 24, 2009

Appellate Division, First Department

As corrected through Wednesday, January 6, 2010

In the Matter of Shelia B., Appellant, v Shirelle JasmineB., Respondent, and Administration for Children's Services,Respondent.

—[*1]John J. Marafino, Mount Vernon, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), forAdministration for Children's Services, respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), LawGuardian.

Order, Family Court, Bronx County (Jennifer Burtt, Ref.), entered on or about March 19,2008, which dismissed the petition of appellant grandmother for custody of the subject child,unanimously affirmed, without costs.

In light of the mother's surrender of parental rights and the child's adoption, the courtproperly dismissed the custody petition (see Matter of Linda S. v Krishnia S., 50 AD3d 805, 806 [2008]; Matter of Moorhead v Coss, 17 AD3d725 [2005]). Although petitioner, the child's maternal grandmother, asserts that the courtshould have converted the custody petition to one for visitation, her counsel never expresslyrequested that the custody petition be treated as an application for visitation, nor did the petitionrequest visitation. Indeed, the petition provided virtually no information about petitioner'srelationship with her grandson, other than that she is his grandmother and that he resided withher for three months in 2005 (see Matter of Emanuel S. v Joseph E., 78 NY2d 178, 182[1991]). Under the circumstances, the court was not required to [*2]treat petitioner's counsel's oral inquiry about visitation as a formalapplication (see Moorhead, 17 AD3d at 726). We take note however that petitioner isfree to file a petition for visitation at any time. Concur—Mazzarelli, J.P., Nardelli,Catterson, DeGrasse and Roman, JJ.