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In re Max F

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 2010
78 A.D.3d 1052 (N.Y. App. Div. 2010)

Opinion

Nos. 2009-03448, (Docket Nos. N-11260-08, N-11261-08).

November 23, 2010.

In two related proceedings pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Nassau County (Dane, J.), dated March 27, 2009, which directed that the Nassau County Department of Social Services be given temporary supervision over the family.

Neal D. Futerfas, White Plains, N.Y., for appellant.

John Ciampoli, County Attorney, Mineola, N.Y. (Gerald R. Podlesak of counsel), for respondent.

Joseph R. Faraguna, Sag Harbor, N.Y., attorney for the children.

Before: Dillon, J.P., Santucci, Dickerson and Chambers, JJ.


Ordered that the appeal is dismissed as academic, without costs or disbursements.

The temporary order of supervision appealed from expired following the issuance of an order of fact-finding and disposition with respect to the underlying neglect petition for Max F, Jr. In addition, Stella F is now an adult, and the underlying petition with respect to her has been dismissed. Therefore, the rights of the parties will not be directly affected by a determination as to the propriety of the temporary order of supervision ( see Matter of Perez v Sepulveda, 60 AD3d 1072, 1073; Matter of Nancy C. v Alison C., 57 AD3d 986; Matter of Cooper-Winfield v Gary, 9 AD3d 366, 366-367). Further, the issuance of the temporary order of supervision in this case "did not constitute a permanent and significant stigma which might indirectly affect the appellant's status in potential future proceedings" ( Matter of McClure v McClure, 176 AD2d 325, 326 [internal quotation marks omitted]; see Matter of Perez v Sepulveda, 60 AD3d at 1073; Matter of Nancy C. v Alison C., 57 AD3d 986). Accordingly, the appeal from the temporary order of supervision must be dismissed.


Summaries of

In re Max F

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 2010
78 A.D.3d 1052 (N.Y. App. Div. 2010)
Case details for

In re Max F

Case Details

Full title:In the Matter of MAX F., JR., a Child Alleged to be Neglected. NASSAU…

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

Date published: Nov 23, 2010

Citations

78 A.D.3d 1052 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 8731
910 N.Y.S.2d 920

Citing Cases

In re Stella F

Decided May 5, 2011. Appeal from the 2d Dept: 78 AD3d 1052. Motions for Leave to Appeal…

In re Max F

Decided May 5, 2011. Appeal from the 2d Dept: 78 AD3d 1052. Motions for Leave to Appeal…