Opinion
2011-11-10
In the Matter of AUSTIN M. and Anna M.Oswego County Department of Social Services, Petitioner–Appellant;Sarah H., Respondent–Respondent.Dale M., Intervenor–Respondent.
Appeal from an order of the Family Court, Oswego County (Kimberly M. Seager, J.), entered March 28, 2011 in a proceeding pursuant to Family Court Act article 10. The order, among other things, placed the subject children in the custody of Dale M.Nelson Law Firm, Mexico (Annalise M. Dykas of Counsel), for petitioner–appellant.The Fix Law Firm, Oswego (Robert H. Fix of Counsel), for intervenor–respondent.Charles H. Cieszeski, Attorney for the Children, Fulton, for Austin M. and Anna M.MEMORANDUM:
In this proceeding pursuant to Family Court Act article 10, petitioner appeals from an order that placed the children with the intervenor herein, who is the father of the children at issue. Since the entry of the order on appeal, Family Court issued another order after a lengthy permanency hearing and again placed the children with their father. This appeal must therefore be dismissed as moot ( see Matter of Stephon Elijah G., 63 A.D.3d 640, 881 N.Y.S.2d 426; *399 Matter of Destiny HH., 63 A.D.3d 1230, 1231, 880 N.Y.S.2d 371, lv. denied 13 N.Y.3d 706, 2009 WL 2959670; Matter of Julia R., 52 A.D.3d 1310, 1311, 860 N.Y.S.2d 362, lv. denied 11 N.Y.3d 709, 868 N.Y.S.2d 601, 897 N.E.2d 1085).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
SCUDDER, P.J., SMITH, CENTRA, GREEN, and GORSKI, JJ., concur.