Opinion
Argued April 25, 2000.
June 12, 2000.
In an abuse and neglect proceeding pursuant to Family Court Act article 10, the father appeals (1) from an order of the Family Court, Nassau County (Pudalov, J.), dated July 11, 1995, which, after a hearing, found that he had abused and neglected the subject children, (2), as limited by his brief, from so much of a dispositional order of the same court entered March 19, 1996, as, after a hearing, inter alia, placed the children in the custody of the Nassau County Department of Social Services, (3), as limited by his brief, from so much of an order of the same court dated July 28, 1997, as denied his motion, inter alia, to vacate the order dated July 11, 1995, and (4) from an order of the same court, dated July 2, 1997, which extended placement of the subject children for one year until July 2, 1998, and the mother Leslie H. separately appeals from the order dated July 2, 1997.
Joseph Arthur hanshe, East Meadow, N.Y., for appellant Antonio C.
Anne M. Serby, Long Beach, N.Y., for appellant Leslie H.
Alfred F. Samenga, County Attorney, Mineola, N.Y. (Richard S. Leffer and Tara Talmadge of counsel), for respondent.
Lisa M. Comeau, New York, N.Y., Law Guardian for the children.
Before: GUY JAMES MANGANO, P.J., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the appeals from the order extending placement of the children for one year until July 2, 1998, are dismissed as academic, without costs or disbursements; and it is further,
ORDERED that the order dated July 11, 1995, is affirmed, without costs or disbursements; and it is further,
ORDERED that the order entered March 19, 1996, is affirmed; without costs or disbursements; and it is further,
ORDERED that the order dated July 28, 1997, is affirmed insofar as appealed from, without costs or disbursements.
The appeal by the mother and the father from so much of the order as extended placement of the children for one year until July 2, 1998, must be dismissed as academic because that order expired by its own terms and has been replaced by subsequent orders extending placement (see, Matter of Commissioner of Social Servs. [Octavia S.] v. Rozella S., 255 A.D.2d 316; Matter of Lateesha J.[Michelle J.], 252 A.D.2d 502; Matter of Commissioner of Social Servs. [Jessica and Felix M.] v. Anne F., 225 A.D.2d 620; Matter of New York City Dept. of Social Servs. [Kalisha A.] v. Diognes T., 208 A.D.2d 844; Matter of F. Children [Gilna L.], 199 A.D.2d 81). Any corrective measures which this court might have taken with respect to the order appealed from would have no practical effect.
Moreover, contrary to the father's contention, the County proved by a preponderance of the evidence that he sexually abused the children (see, Matter of Tanya T. [Steven U.], 252 A.D.2d 677).
The father's remaining contentions are without merit.