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In the Matter of Baby Boy R

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 2003
307 A.D.2d 360 (N.Y. App. Div. 2003)

Opinion

2003-00490

Submitted June 10, 2003.

July 28, 2003.

In a proceeding pursuant to Family Court Act article 10, the nonparty Law Guardian appeals, and the intervenors, Carmen P. and Felix P., separately appeal, from an order of the Family Court, Kings County (Elkins, J.), dated December 13, 2002, which denied, without a hearing, the Law Guardian's motion to reopen the permanency proceeding.

Pauline E. Braun, Valley Stream, N.Y., for intervenors-appellants.

Monica Drinane, New York, N.Y. (Marcia Egger of counsel), nonparty-appellant pro se.

Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, NANCY E. SMITH, THOMAS A. ADAMS, JJ.


DECISION ORDER

ORDERED that the appeals are dismissed as academic, without costs or disbursements.

In Matter of Wesley R. 307 A.D.2d 360 (Appellate Division Docket Nos. 2001-05367 and 2002-07023, decided herewith), we concluded that a new hearing as to the permanency plan for the child is warranted in light of the change of circumstances that has occurred since the date of the prior hearing pursuant to Family Court Act § 1055-a. Because that is the relief requested by the appellants herein, the present appeals have been rendered academic ( see Matter of Tabitha LL., 216 A.D.2d 651). No exception to the mootness doctrine applies.

PRUDENTI, P.J., ALTMAN, SMITH and ADAMS, JJ., concur.


Summaries of

In the Matter of Baby Boy R

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 2003
307 A.D.2d 360 (N.Y. App. Div. 2003)
Case details for

In the Matter of Baby Boy R

Case Details

Full title:IN THE MATTER OF BABY BOY R. (ANONYMOUS). NORMA IRIS R. (ANONYMOUS), a/k/a…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 28, 2003

Citations

307 A.D.2d 360 (N.Y. App. Div. 2003)
762 N.Y.S.2d 817

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