In Matter of Paul C. (21 Misc 3d 864, 866 NYS2d 493 [2008]), this court held that the grandmother-custodian could not file a TPR petition because the Department never exercised reasonable efforts to reunite the father with his son nor did it seek to be excused from that duty by requesting a "no reasonable efforts" finding. After an appeal, this matter was remitted to this court by the Appellate Division with a direction to add the Department as a party (Matter of Paul Z [Karen AA.--Paul N.], 63 AD3d 1473, 884 NYS2d 777 [2009]).