| Matter of Bryant v Blackman |
| 2010 NY Slip Op 03323 [72 AD3d 958] |
| April 20, 2010 |
| Appellate Division, Second Department |
| In the Matter of Antoinette Bryant, Appellant, v LeilaBlackman et al., Respondents. |
—[*1] Stephen P. Gold, White Plains, N.Y., for respondent Theodore Pugh. Robert D. Siano, White Plains, N.Y., attorney for the children.
In related custody and visitation proceedings pursuant to Family Court Act article 6, thematernal grandmother appeals from an order of the Family Court, Westchester County(Horowitz, J.), entered January 22, 2009, which dismissed the petitions.
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The petitioner grandmother filed petitions in August 2008 for custody and visitation of hertwo grandchildren, who had been in the physical custody of their mother, the petitioner'sdaughter, but were about to move with their father to Egypt. The Family Court dismissed thepetitions, and the petitioner appeals. While this appeal has been pending, the children havereturned from Egypt and are now in their mother's custody.
Under the circumstances, the underlying basis of the grandmother's petitions, that her twograndchildren, who had been in the physical custody of their mother, the petitioner's daughter,were about to live with their father in Egypt, has been rendered academic, requiring dismissal ofthe appeal (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 713-714 [1980]; Matter of Gonzalez v Gonzalez, 57AD3d 896, 897 [2008]). Mastro, J.P., Fisher, Belen and Austin, JJ., concur.