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In the Matter of Anthony C., an Infant, Appellant. Suffolk County Department of Social Services, Respondent; Juan C., Respondent. (Proceeding No. 1.); In the Matter of Anthony C., an Infant, Appellant. Suffolk County Department of Social Services, Respondent; Maria V., Respondent. (Proceeding No. 2.)

New York Supreme Court, Appellate Division2012-10-10
99 A.D.3d 798951 N.Y.S.2d 884

Authorities cited

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Opinion

majority opinion

The appeal must be dismissed, since the portion of the order that is appealed from, which directed the temporary removal of the subject child pursuant to Family Court Act § 1027, has been rendered academic, in light of a subsequent permanency order dated October 17, 2011, continuing the placement of the child, and the orders of disposition dated November 1, 2011 (see Matter of Jovan W. v Ticarrah W.P., 92 AD3d 888, 889 [2012]; Matter of Nicholas B., 26 AD3d 764 [2006]; Matter of Jabarry W., 24 AD3d 218, 219 [2005]; see also Matter of Javier R., 43 AD3d 1 [2007]). Contrary to the appellant’s contention, this matter does not warrant invoking the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]). Eng, P.J., Rivera, Hall and Sgroi, JJ., concur.