Matter of Raymond S.H. v Nefertiti S.M.
2021 NY Slip Op 00234 [190 AD3d 525]
January 14, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 3, 2021


[*1]
 In the Matter of Raymond S.H., Respondent,
v
Nefertiti S.M., Appellant.

Geoffrey P. Berman, Larchmont, for appellant.

Douglas H. Reiniger, New York, for respondent.

John R. Eyerman, New York, attorney for the child.

Order, Family Court, New York County (Jessica Brenes, Ref.), entered on or about June 13, 2019, which granted petitioner father's petition to modify an existing final custody and visitation order to grant him sole custody of the parties' child and to eliminate respondent mother's therapeutic visitation with the child, unanimously affirmed, without costs.

We decline to consider the mother's arguments regarding visitation as she sets forth no reason why her arguments were not rendered moot by the Family Court's subsequent grant of her petition to modify the order for review on the issue of visitation. Furthermore, any error committed by the Family Court in awarding the father sole custody was harmless. The father was awarded sole custody of the child in 2015 and that custody arrangement has not changed. Accordingly, it makes no difference that the Family Court awarded the father sole custody again upon his modification petition. Concur—Manzanet-Daniels, J.P., Gische, Kapnick, Singh, Mendez, JJ.