Matter of N.C. v. C.C.

Summary

The Appellate Division, First Department dismissed as moot a grandmother's appeal from an order dismissing her amended petition for custody and denying leave to add a visitation claim. The court held that the custody appeal was academic because the child had been adopted by foster parents and noted that Family Court properly found the grandmother lacked standing because the child had been freed for adoption.

Holdings

1. The appeal was academic and had to be dismissed as moot because the child had been adopted by her foster parents.
2. Family Court properly granted the motion to dismiss because the child had already been freed for adoption, depriving the petitioner of standing to pursue the custody petition.

Questions Presented

1. Whether the appeal from dismissal of the grandmother's custody petition remained justiciable after the child was adopted by her foster parents.
2. Whether Family Court properly dismissed the custody petition for lack of standing because the child had already been freed for adoption.

Disposition

dismissed