In re Zaim R.

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentSep 4, 2007
43 A.D.3d 824 (N.Y. App. Div. 2007)
43 A.D.3d 824840 N.Y.S.2d 8772007 N.Y. Slip Op. 6550

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No. 2006-07220.

September 4, 2007.

In a guardianship proceeding for a minor pursuant to Family Court Act article 6, the minor appeals from an order of the Family Court, Orange County (Klein, J.), entered June 22, 2006, which denied his motion for the court to make specific findings that he was dependent on the Family Court and eligible for long-term foster care due to abuse, neglect, or abandonment, pursuant to 8 USC § 1101 (a) (27) (J).

Christo Associates, P.C., New York, N.Y. (James D. Christo of counsel), for appellant.

Morningside Heights Legal Services, New York, N.Y. (Ragini Shah of counsel), for U.S. Committee for Refugees and Immigrants, Legal Aid Society of New York, Lawyers for Children, Door's Legal Services Center, Immigrant Children's Advocacy Project, and Child Advocacy Clinic of Columbia Law School, amici curiae.

Before: Crane, J.P., Goldstein, Dillon and Carni, JJ., concur.

Ordered that the appeal is dismissed, without costs or disbursements.

The authority of the Family Court to appoint a guardian extends only to the person or property of a "minor," which is defined as a person under the age of 18 (Family Ct Act § 119 [c]; § 661). Moreover, "[a]s a general rule, the appointment of a guardian for a minor expires when the subject child reaches the age of majority" ( Matter of Luis A.S., 33 AD3d 793, 794; see SCPA 1707; Family Ct Act § 661; Matter of Mede, 177 Misc 2d 974, 979-980). Because the appellant has reached the age of 18, this appeal has been rendered academic and must be dismissed, since the appointment by the Family Court of a guardian for the appellant has expired, and there is no basis upon which the relief requested can be granted ( see Matter of Luis A.S., supra at 794). [ See 13 Misc 3d 180 (2006).]

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