| Matter of Stiles v Baum |
| 2010 NY Slip Op 08397 [78 AD3d 1383] |
| November 18, 2010 |
| Appellate Division, Third Department |
| In the Matter of Leah Stiles et al., Respondents, v Rosalyn Baum,Appellant, et al., Respondent. |
—[*1] Ira Halfond, Craryville, attorney for the child.
Kavanagh, J. Appeal from an order of the Family Court of Rensselaer County (Cholakis, J.),entered February 11, 2009, which granted petitioner's application, in a proceeding pursuant to FamilyCt Act article 6, for custody of the subject child.
Respondent Rosalyn Baum appeals from an order granting custody of the subject child (born in1991) to petitioners. Her counsel seeks to be relieved of representing her, arguing that no nonfrivolousappellate issues exist. Inasmuch, however, as issues regarding the custody of the child have beenrendered moot due to the child reaching the age of 18 during the pendency of this appeal, the appealmust be dismissed (see Matter of Taylor vStaples, 33 AD3d 1089, 1090 n [2006], lv dismissed and denied 8 NY3d 830[2007]; Slater-Mau v Mau, 4 AD3d658, 659 [2004]). Accordingly, there is no need to consider counsel's request to be relieved of hisassignment (see Matter of Commissioner ofSocial Servs. v Mason, 61 AD3d 1017, 1017-1018 [2009]).
Mercure, J.P., Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the appeal is dismissed asmoot, without costs.