State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: July 16, 2015 519068 

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In the Matter of ALEXUS SS. and 

Others, Neglected Children.

ULSTER COUNTY DEPARTMENT OF

SOCIAL SERVICES, MEMORANDUM AND ORDER

Respondent;

CHEZZY SS.,

Appellant.

(And Another Related Proceeding.)

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Calendar Date: June 3, 2015

Before: Peters, P.J., McCarthy, Egan Jr. and Rose, JJ.

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Marshall Nadan, Kingston, for appellant.

Heather D. Harp, Ulster County Department of Social

Services, Kingston, for respondent.

Valerie Wacks, Olivebridge, attorney for the children.

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Peters, P.J.

Appeal from an order of the Family Court of Ulster County

(McGinty, J.), entered March 27, 2014, which, in two proceedings

pursuant to Family Ct Act article 10-A, found that petitioner

failed to make reasonable efforts to finalize the permanency plan

for the subject children.

Respondent's three children (born in 2006, 2009 and 2011)

were placed in petitioner's custody in March 2011. A finding of
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neglect was thereafter entered against respondent, and Family

Court approved a permanency plan of reunification with

respondent. At a September 2013 permanency hearing, the parties

proposed that the permanency plan be altered to placement with

fit and willing relatives – namely, the children's paternal aunt

and uncle – in contemplation that they would obtain guardianship

of the children and that the children may eventually be returned

to respondent. Family Court rejected the parties' proposal,

modified the permanency goal to placement for adoption and

directed petitioner to file a petition seeking the termination of

respondent's parental rights.1

Thereafter, petitioner removed the children from the

custody of their foster parents and placed them in the custody of

the aunt and uncle. Petitioner did not file a termination of

parental rights petition as directed by Family Court, and, at a

subsequent permanency hearing, Family Court held that petitioner

failed to make reasonable efforts to execute the permanency plan

of placement for adoption, continued that permanency plan and

again directed petitioner to file a petition seeking the

termination of respondent's parental rights. Respondent now

appeals from this order.

This appeal must be dismissed as moot. Respondent has

voluntarily surrendered his parental rights,2 and there is no

indication that he has challenged the voluntariness of that

1 Upon petitioner's and respondent's appeals from that

order, this Court determined that Family Court's modification of

the permanency goal and directive that petitioner seek the

termination of respondent's parental rights were not supported by

a sound and substantial basis in the record (125 AD3d 1141, 1143

[2015]). Accordingly, we reversed so much of the order as

changed the permanency goal from return to parent to placement

for adoption and directed petitioner to file a termination of

parental rights petition, and remitted the matter to Family Court

for further proceedings (id. at 1143-1144).

2 The mother has also surrendered her parental rights to

the children. 
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surrender (see Matter of Randi NN. [Randi MM.–Joseph MM.], 80

AD3d 1086, 1086-1087 [2011], lv denied 16 NY3d 712 [2011]; Matter

of Andrew L. [Cassi M.], 68 AD3d 1477, 1478 [2009]).3

Furthermore, we do not find the exception to the mootness

doctrine applicable under the circumstances presented here (see

Matter of Randi NN. [Randi MM.–Joseph MM.], 80 AD3d at 1087;

Matter of Vivian OO., 34 AD3d 1084, 1085 [2006]). 

McCarthy, Egan Jr. and Rose, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without

costs.

ENTER:

Robert D. Mayberger

Clerk of the Court

3 Moreover, the permanency plan in the order appealed from

was the direct result of Family Court's prior permanency hearing

order (see Matter of Jacelyn TT. [Tonia TT.–Carlton TT.], 80 AD3d

1119, 1120 [2011]), which, as noted, this Court modified by

restoring the permanency goal to return to parent (125 AD3d at

1143-1144).