Opinion
CAF 00-02602
October 1, 2002.
Appeals from an order of Family Court, Chautauqua County (Claire, J.), entered September 19, 2000, adjudging that respondents had neglected their child.
KATHLEEN E. CASEY, MIDDLEPORT, FOR RESPONDENT-APPELLANT ANN
W. BONNIE BURGIO, WATERTOWN, FOR RESPONDENT-APPELLANT WESLEY W.
JANE E. LOVE, MAYVILLE, FOR PETITIONER-RESPONDENT.
DENNIS W. JONES, LAW GUARDIAN, FINDLEY LAKE, FOR RAYCHAEL L.W.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed without costs.
Memorandum:
In this proceeding commenced pursuant to Family Ct Act article 10, respondents each appeal from an order of fact-finding and disposition adjudging that respondents had neglected their daughter Raychael L.W. and placing her in the care and custody of petitioner. During the pendency of these appeals, Family Court entered an order pursuant to Social Services Law § 384-b terminating respondents' parental rights with respect to the child on the ground of permanent neglect, transferring the guardianship and custody of the child to petitioner, and freeing the child for adoption. Respondents have each appealed from that order also. In the parallel proceeding, we are determining those appeals to be without merit and are affirming that order ( Matter of Raychael L.W. [appeal No. 2] , 298 A.D.2d 930 [Oct. 1, 2002]). That disposition renders moot these appeals from the order entered in the neglect proceeding ( see Matter of Yusef M., 276 A.D.2d 330, lv dismissed 96 N.Y.2d 792; cf. Matter of James M. v. Linda M., 250 A.D.2d 684, appeal dismissed 92 N.Y.2d 918; see generally Matter of Mary B., 190 A.D.2d 1099).