In re Anna HH.
Opinion of the Court
Appeal from an order of the Family Court of Broome County (Pines, J.), entered July 18, 1994, which, inter alia, granted petitioner’s applications, in three proceedings pursuant to Family Court Act article 10, to modify the visitation arrangement and extend placement.
In February 1992, Family Court determined that respondent had neglected his daughter Anna (born in 1978); Anna was
Initially, petitioner states that Family Court, by order entered May 8, 1995, granted a subsequent petition for extension of placement for an additional 12 months from January 1995 through January 1996 and that no appeal was taken from that order. Petitioner asserts that these facts render the instant appeal moot. We agree that absent an appeal from the subsequent order granting petitioner’s request for a further extension of placement the present appeal is moot (see, Matter of Eddie E., 219 AD2d 719, 720; Matter of Angelina E., 213 AD2d 346, 347; Matter of Tanya M., 207 AD2d 656). However, since petitioner has failed to provide this Court with any documentation in the record to support its claim of the subsequent order of extension, we will consider the merits of respondent’s appeal.
Respondent purports to appeal from "each and every part” of Family Court’s order; however, his submission is limited to contentions that petitioner has failed, in derogation of its statutory obligation pursuant to Social Services Law § 384-b, to provide the services necessary to promote the reunification of respondent and Anna and that Family Court erred in not expressly requiring petitioner to promote such reunification in
Respondent’s first contention is also belied by the record. Evidence was presented at the hearing which indicated that respondent’s aggressive behavior, uncooperativeness and failure to acknowledge his need for counseling frustrated petitioner’s efforts to provide services aimed at reuniting respondent and Anna. For example, testimony established that respondent engaged in inappropriate behavior during his scheduled telephone conversations with Anna, to wit, blaming Anna for family problems, threatening to remove Anna’s siblings from his household, and discussing matters involving Anna’s mother and foster family. In our view the record fully supports Family Court’s determination that petitioner satisfied its obligations to promote the reunification of respondent and Anna, and that respondent’s negative behavior has thwarted petitioner’s attempts at such reunification (see, Matter of Tiffany H., 216 AD2d 738, 739-740; Matter of Gladys H., 206 AD2d 606, 607). Accordingly, the order of Family Court will not be disturbed.
Cardona, P. J., Mercure, White and Peters, JJ., concur. Ordered that the order is affirmed, without costs.
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.