Opinion
Submitted October 12, 1999
December 2, 1999
In a child protective proceeding pursuant to Family Court Act article 10, the mother and the father appeal from so much of an order of the Family Court, Kings County (Salinitro, J.), dated September 19, 1997, as extended the foster care placement of their children with the Administration of Children's Services of the City of New York for a period of 12 months.
Alice A. Nicholson, New York, N.Y. for appellant Ethel Elaine E.
Robert E. Nicholson, Brooklyn, N.Y., for appellant Frank E.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Elizabeth S. Natrella of counsel), for respondent.
Monica Drinane, New York, N.Y. (Susan Clement and Virginia Geiss of counsel), Law Guardian for the children.
FRED T. SANTUCCI, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The appeal must be dismissed as academic because the order appealed from expired by its own terms on September 19, 1998, and has been replaced by subsequent orders extending placement from which no appeals were taken (see, Matter of Commissioner of Social Servs. v. Rozella S., 255 A.D.2d 317 ; Matter of Lateesha J., 252 A.D.2d 503 ;Matter of Commissioner of Social Servs. v. Anne F., 225 A.D.2d 620 ;Matter of New York City Dept. of Social Servs. v. Diognes T., 208 A.D.2d 844; Matter of F. Children, 199 A.D.2d 81 ). Any corrective measure which this court might take with respect to the order appealed from would therefore have no practical effect, especially in light of a fact-finding order of the Family Court, Richmond County (McElrath, J.), dated May 28, 1999, to which court the matter has been transferred, in which it was determined that the parents have neglected the children (see, Matter of Lateesha J., supra; Matter of New York City Dept. of Social Servs. v. Diognes T., supra).
SANTUCCI, J.P., THOMPSON, SULLIVAN, and FRIEDMANN, JJ., concur.