Court finds Thad M. abandoned by mother Alyssa Mistretta.

Legal Notices 



F.C.A. §1089 Soc. Serv. Law §§ 384-b Form TPR-7 (Findings of Fact, Conclusions of Law and Order of Disposition – Abandoned Child) 8/2010 At a term of the Family Court of the State of New York, held in and for the County of Chautauqua at Mayville, New York on January 7, 2026. PRESENT: HON. MICHAEL J. SULLIVAN, J.F.C. In the Matter of the Commitment of Guardianship and Custody pursuant to section 384-b of the Social Services Law of Thad M. A Child under the Age of Eighteen Years, alleged to be an Abandoned Child by Alyssa Mistretta, Respondents. Docket No. B-2056-25 File No. 28202 DEFAULT FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DISPOSITION (Abandoned Child) THE NEXT PERMANENCY HEARING SHALL BE HELD ON [specify date/time]: June 16, 2026 at 1:30 p.m. Petition under Section 384-b of the Social Services Law, dated October 14, 2025, having been filed in this Court alleging that Thad M. is an abandoned child; and summons having been issued and duly served upon and notice having been duly given to all proper parties hereto, and Respondent Alyssa Mistretta having failed to appear, the Court having found Alyssa Mistretta in default as of July 15, 2025; and the matter having duly come on for a fact-finding hearing by inquest before this Court; and The child having been represented by attorney, Alexandria Moss, Esq.; and The matter having duly come on for a fact-finding hearing, the Court, after hearing the proofs and testimony offered in relation to the case, makes the following findings of fact by clear and convincing evidence and comes to the following conclusions of law: FINDINGS OF FACT That the credible testimony of the Petitioner proved the Respondent, Alyssa Mistretta has not demonstrated any sustained interest in the child and has evinced an intent to forego her parental rights and obligations for a period of six months immediately preceding the initiation of this proceeding by failing to visit the child and communicate with the child or the agency; that the Petitioner has taken no action to discourage or prevent the Respondent from so visiting or communicating; that the Respondent’s whereabouts is unknown; that Alyssa Mistretta was duly served notice of the proceeding by publication and the child has continuously remained in foster care since December 19, 2024. CONCLUSIONS OF LAW The Court finds that the Respondent, Alyssa Mistretta has abandoned the child, Thad M. NOW, therefore, it is ORDERED AND ADJUDGED that Thad M. is an abandoned child as defined in subdivision five of section 384-b of the Social Services Law; and it is ORDERED that the guardianship and custody rights of Thad M. are transferred to the Chautauqua County Department of Mental Hygiene and Social Services an authorized agency; and such guardianship and custody of the child are committed to the authorized agency upon the following terms and conditions: for the purposes of adoption; and it is further ORDERED that Chautauqua County Department of Mental Hygiene and Social Services is authorized and empowered to consent to the adoption of the child subject to the order of a Court of competent jurisdiction to which a petition for adoption is submitted without the consent of or further notice to [specify]: Alyssa Mistretta, the mother. Applicable where guardianship and custody have been transferred to the Petitioner AND IT IS FURTHER ORDERED that the Petitioner herein shall forthwith advise the pre-adoptive foster parents of their right to file an adoption petition in a court of competent jurisdiction and further advise the pre-adoptive foster parents as to all necessary supporting documents; AND IT IS FURTHER ORDERED that a certified copy of this order be filed for recording at the Office of the County Clerk in accordance with the provisions of Section 384-b of the Social Services Law; Required Date Certain for Permanency Hearing ORDERED that if the child remains in the custody and guardianship of the authorized agency or foster parent, the next permanency hearing shall be held on [specify date certain within 30 days of the earlier of the Court’s announcement of its decision or issuance of this Order]: June 16, 2026 at 1:30 p.m.; and it is further ORDERED that Petitioner shall transmit notice of the hearing and a permanency report no later than 14 days in advance of the above date certain to all parties, attorneys, the attorney for the child and any pre-adoptive parent or relative providing care to the child(ren) and, unless dispensed with by the Court, shall transmit notice of the hearing to former foster parent(s) who have had care of the child(ren) in excess of 12 months. ENTER HON. MICHAEL J. SULLIVAN, J.F.C. Dated: March 2, 2026 PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST. Counsel emailed on March 6, 2026.



 Apr 13, 20, 27, May 4, 2026