Matter of Richter v Richter
2020 NY Slip Op 05391 [187 AD3d 1592]
October 2, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 2, 2020


[*1]
 In the Matter of Crystal L. Richter, Appellant,
v
Joseph T. Richter, Respondent.

Deborah J. Scinta, Orchard Park, for petitioner-appellant.

Jennifer M. Lorenz, Orchard Park, for respondent-respondent.

Audrey Rose Herman, Buffalo, Attorney for the Children.

Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered February 14, 2019, in a proceeding pursuant to Family Court Act article 6. The order modified a prior visitation order.

It is hereby ordered that said appeal insofar as it concerns the older child is unanimously dismissed and the order is affirmed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 6, petitioner mother appeals from an order modifying a prior visitation order. The appeal is moot with respect to the older child because she is now 18 years old (see Matter of Rossborough v Alatawneh, 129 AD3d 1537, 1538 [4th Dept 2015], lv dismissed in part and denied in part 26 NY3d 982 [2015]). Contrary to the mother's contention, we conclude that there is a sound and substantial basis in the record for Family Court's determination with respect to the best interests of the younger child (see Matter of Pierce v Pierce, 151 AD3d 1610, 1610-1611 [4th Dept 2017], lv denied 30 NY3d 902 [2017]). Present—Centra, J.P., Peradotto, NeMoyer, Troutman and Winslow, JJ.