Opinion
2017–08799 (Docket Nos. N–2015–17, N–15337–17)
02-06-2019
In the MATTER OF ZYLA W. (Anonymous). Administration for Children's Services, Petitioner-Respondent; v. Sharee J. (Anonymous), Appellant, et al., Respondent.
Tammi D. Pere, Jamaica, NY, for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Aaron M. Bloom and MacKenzie Fillow of counsel), for petitioner-respondent. Karen P. Simmons, Brooklyn, N.Y. (Chai Park and Janet Neustaetter of counsel), attorney for the child.
Tammi D. Pere, Jamaica, NY, for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Aaron M. Bloom and MacKenzie Fillow of counsel), for petitioner-respondent.
Karen P. Simmons, Brooklyn, N.Y. (Chai Park and Janet Neustaetter of counsel), attorney for the child.
WILLIAM F. MASTRO, J.P., HECTOR D. LASALLE, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDERORDERED that the appeal is dismissed as academic, without costs or disbursements.
Since the issuance of the order dated August 17, 2017, the Family Court, in a subsequent order dated June 20, 2018, made after fact-finding and dispositional hearings, determined that the mother neglected the subject child and placed the child in the custody of the paternal grandmother. Thus, because the order dated June 20, 2018, supersedes the order dated August 17, 2017, the appeal from the order dated August 17, 2017, must be dismissed as academic (see Matter of Hearst Corp. v. Clyne , 50 N.Y.2d 707, 431 N.Y.S.2d 400, 409 N.E.2d 876 ; Matter of Makayleigh A. [Miranda A.] , 146 A.D.3d 1103, 44 N.Y.S.3d 788 ; Matter of Z'naya D.J. [Vanessa J.] , 141 A.D.3d 652, 34 N.Y.S.3d 621 ; Matter of Monsunlola O. , 231 A.D.2d 638, 647 N.Y.S.2d 961 ).
MASTRO, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.