Matter of Jeffrey O. v. Casey Q.

Summary

The New York Appellate Division, Third Department dismissed as moot an appeal from Family Court's sua sponte dismissal of two custody-modification petitions. The appeal became moot after the court reversed the underlying custody order and remitted for a fact-finding hearing.

Holdings

1. A Family Court sua sponte order dismissing the applications was appealable as of right under Family Court Act § 1112(a).
2. The appeal was moot because the Appellate Division had reversed the November 2022 custody order that the father's petitions sought to modify, so deciding the appeal would not affect the parties' rights.

Questions Presented

1. Whether Family Court's sua sponte dismissal of the father's applications was appealable as of right.
2. Whether the appeal should be dismissed as moot after the custody order that the petitions sought to modify was reversed.

Disposition

dismissed