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New York City Department of Social Services ex rel. Kalisha A. v. Diognes T.

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1994
208 A.D.2d 844 (N.Y. App. Div. 1994)

Opinion

October 24, 1994

Appeal from the Family Court, Queens County (Clark, J.).


Ordered that the appeals of the Law Guardian and the Commissioner of Social Services are dismissed as abandoned, without costs or disbursements; and it is further,

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

The order of disposition dated April 20, 1992, was granted on consent, and the underlying finding of neglect is not being challenged on this appeal. The order of disposition is, therefore, not appealable. Furthermore, it has been superseded by a subsequent order of disposition dated January 7, 1993, which is beyond the scope of review of this appeal. In light of the order dated January 7, 1993, any corrective measures which this Court might have taken with respect to the order dated April 20, 1992, would have no practical effect. The appeal is, therefore, academic (see, Matter of F. Children, 199 A.D.2d 81; Matter of Catherine W. v. Donald W., 166 A.D.2d 651). Since the underlying finding of neglect is not being challenged on this appeal and in light of the subsequent order dated January 7, 1993, the finding of neglect will not "affect the appellant's status in potential future proceedings" (cf., Matter of H. Children, 156 A.D.2d 520). Because no exception to the mootness doctrine applies to this case, the appeal should be dismissed. Bracken, J.P., Lawrence, Santucci and Goldstein, JJ., concur.


Summaries of

New York City Department of Social Services ex rel. Kalisha A. v. Diognes T.

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1994
208 A.D.2d 844 (N.Y. App. Div. 1994)
Case details for

New York City Department of Social Services ex rel. Kalisha A. v. Diognes T.

Case Details

Full title:In the Matter of NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, on Behalf of…

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

Date published: Oct 24, 1994

Citations

208 A.D.2d 844 (N.Y. App. Div. 1994)
618 N.Y.S.2d 402

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