Opinion
2013-05-1
In the Matter of TARA C. (Anonymous). Administration for Children's Services, respondent; Sonia C. (Anonymous), appellant.
Elliot Green, Brooklyn, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Deborah A. Brenner of counsel), for respondent.
Elliot Green, Brooklyn, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Deborah A. Brenner of counsel), for respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel), attorney for the child.
In a neglect proceeding pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Queens County (Ramseur, R.), dated September 23, 2011, which, after a permanency hearing, continued the subject child's placement in foster care.
*876ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The mother's appeal from the order dated September 23, 2011, which, among other things, continued placement of the subject child in foster care, has been superseded by orders dated March 20, 2012, and September 18, 2012, respectively, from which no appeals have been taken. Accordingly, the appeal must be dismissed as academic ( see Matter of Anthony C. [ Juan C.], 99 A.D.3d 798, 799, 951 N.Y.S.2d 884;Matter of Anthony B.-A [ Chandra B.], 88 A.D.3d 702, 930 N.Y.S.2d 463;Matter of Joseph A. [ Fausat O.], 78 A.D.3d 826, 910 N.Y.S.2d 657). The appeal also must be dismissed as academic since the period of placement has expired ( see Matter of Nazier B. [ Anita B.], 96 A.D.3d 1049, 1050, 947 N.Y.S.2d 157;Matter of Emanuel Q. [ Luis M.], 73 A.D.3d 1181, 900 N.Y.S.2d 889).
The mother's remaining contentions concerning the order of disposition are not properly before this Court, since she did not appeal from that order ( seeCPLR 5515; Matter of Idhailia P. [ Philip S. P.], 95 A.D.3d 1333, 1335, 945 N.Y.S.2d 705;Matter of Jamaica M. [ Hakeem N.], 90 A.D.3d 1105, 1106–1107, 934 N.Y.S.2d 560;Matter of Jahmeiah S.-W., 21 A.D.3d 564, 565, 799 N.Y.S.2d 902).