Opinion
March 5, 1996.
Superintendence of inferior courts.
Moot Question. Practice, Civil, Moot case.
Robert A. Sherman ( Peter F. Carr with him) for the mother.
Katherine M. Potter for Department of Social Services.
Pamela B. Bankert ( Alison Lowe with her) for the minors.
Jinanne S.J. Elder Amy M. Karp, Committee for Public Counsel Services, amicus curiae, submitted a brief.
Because the underlying order in the trial court that was the subject of this G.L.c. 211, § 3 (1994 ed.), proceeding has been vacated, the appeal from a single justice's order concerning the trial court's order is moot. The order of the single justice is vacated, and a judgment shall be entered dismissing the petition as moot and not on the merits.
So ordered.