Matter of Spindler v Blauman, 2020 NY Slip Op 03232 [184 AD3d 646]
June 10, 2020
Appellate Division, Second Department
[*1]
In the Matter of Andre Spindler et al., Appellants,
v
Michael H. Blauman et al., Respondents.
Lawrence A. Weinreich, P.C., Garden City, NY, for appellants.
Lawrence M. Schaffer, Plainview, NY, attorney for the child.
In a proceeding pursuant to Family Court Act article 6, the petitioners appeal from an order of the Family Court, Nassau County (Ellen R. Greenberg, J.), dated January 9, 2019. The order dismissed the petition for custody of the petitioners’ grandchild, without prejudice, for failure to state a cause of action.
Ordered that the appeal is dismissed as academic, without costs or disbursements.
In June 2018, the petitioners filed a petition for custody of their infant grandchild (hereinafter the June 2018 petition). Thereafter, the respondent mother (hereinafter the mother) moved to dismiss the petition because she and the child were living with the petitioners at the time. The court granted the motion to dismiss, without prejudice to the petitioners to refile. In March 2019, the petitioners filed another petition for custody of the child alleging that there were domestic violence issues between the mother and the child’s father, that both the mother and the father were drug users, and that the mother had moved with the child out of the petitioners’ residence ( see Matter of Blauman-Spindler v Blauman , 184 AD3d 636 [2020] [decided herewith]).
The appeal from the order dismissing the June 2018 petition has been rendered academic by the petitioners’ filing of a new custody petition on March 4, 2019, as the rights of the petitioners would not be directly affected by the determination of this appeal ( see Matter of Hearst Corp.
v Clyne , 50 NY2d 707, 713-714 [1980]; see also Taub v Schon , 148 AD3d 1200 , 1201 [2017]).
Accordingly, the appeal is dismissed. Balkin, J.P., Hinds-Radix, Duffy and Brathwaite Nelson, JJ., concur..