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In re Brian K.

Supreme Court, Appellate Division, Second Department, New York.
Mar 23, 2016
137 A.D.3d 1135 (N.Y. App. Div. 2016)

Opinion

03-23-2016

In the Matter of BRIAN K. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Margarita C. (Anonymous), respondent-respondent; Junior B., nonparty-respondent. (Proceeding No. 1) In the Matter of Delaney B. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Margarita C. (Anonymous), respondent-respondent; Junior B., nonparty-respondent. (Proceeding No. 2) In the Matter of Johnathan C. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Margarita C. (Anonymous), respondent-respondent; Junior B., nonparty-respondent. (Proceeding No. 3) In the Matter of Malachi B. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Margarita C. (Anonymous), respondent-respondent; Junior B., nonparty-respondent. (Proceeding No. 4).

Dennis M. Brown, County Attorney, Central Islip, N.Y. (Gary Rosenthal of counsel), for appellant. Susan Selanikio Linder, West Islip, N.Y., attorney for the child.


Dennis M. Brown, County Attorney, Central Islip, N.Y. (Gary Rosenthal of counsel), for appellant.

Susan Selanikio Linder, West Islip, N.Y., attorney for the child.

Appeal from an order of disposition of the Family Court, Suffolk County (Richard Hoffman, J.), dated July 1, 2015. The order, after a hearing, inter alia, found that the father is a suitable resource for the subject children and granted his application for the return of the children to his custody until December 17, 2015.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The Suffolk County Department of Social Services appeals from an order of disposition which, among other things, found that the father is a suitable resource for the subject children and granted his application for the return of the children to his custody until December 17, 2015. The appeal has been rendered academic, since the order expired by its own terms on December 17, 2015, and the children have been returned to the custody of the mother. Therefore, any corrective measures which this Court might take would have no practical effect (see Matter of Ernest Y. v. Orange County Dept. of Social Servs., 9 A.D.3d 411, 779 N.Y.S.2d 364 ).

LEVENTHAL, J.P., MILLER, MALTESE and DUFFY, JJ., concur.


Summaries of

In re Brian K.

Supreme Court, Appellate Division, Second Department, New York.
Mar 23, 2016
137 A.D.3d 1135 (N.Y. App. Div. 2016)
Case details for

In re Brian K.

Case Details

Full title:In the Matter of BRIAN K. (Anonymous). Suffolk County Department of Social…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Mar 23, 2016

Citations

137 A.D.3d 1135 (N.Y. App. Div. 2016)
26 N.Y.S.3d 876