From Casetext: Smarter Legal Research

In re Extension, Victoria W

Appellate Division of the Supreme Court of New York, First Department
May 1, 2003
305 A.D.2d 126 (N.Y. App. Div. 2003)

Opinion

1031, 1031A

May 1, 2003.

Appeal from orders, Family Court, New York County (Susan Larabee, J.), both entered on or about June 8, 1999, in a child protective proceeding pursuant to Family Court Act article 10, placing the subject child with her aunt and directing respondent not to interfere with such placement, unanimously dismissed as academic, without costs.

S. Colella, for Victoria W.

Drake A. Colley, for petitioners-respondents.

Bruce A. Young, for respondent-appellant.

Before: Saxe, J.P., Ellerin, Williams, Lerner, Marlow, JJ.


The expiration of the orders on appeal and the entry of subsequent orders relating to the child's placement render the appeal academic (see Matter of Kayvonne S., 294 A.D.2d 118; Matter of Petagaye S., 295 A.D.2d 178). Were we to reach the merits, we would find that continued placement and protection are warranted by respondent's continuing inability to accept responsibility for the violent abuse that led to the child's placement (see Matter of Umer K., 257 A.D.2d 195), and respondent's noncompliance with repeated court orders to undergo therapy (see Matter of Theone McR., 240 A.D.2d 174, lv dismissed 90 N.Y.2d 922;Matter of Travis Lee G., 169 A.D.2d 769, 770).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Extension, Victoria W

Appellate Division of the Supreme Court of New York, First Department
May 1, 2003
305 A.D.2d 126 (N.Y. App. Div. 2003)
Case details for

In re Extension, Victoria W

Case Details

Full title:IN RE EXTENSION, ETC., VICTORIA W., A DEPENDENT CHILD UNDER THE AGE OF…

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

Date published: May 1, 2003

Citations

305 A.D.2d 126 (N.Y. App. Div. 2003)
757 N.Y.S.2d 749