Opinion
2016–11298 Docket Nos. N–17786–16 N–17787–16
04-18-2018
In the MATTER OF MAHAR E. (Anonymous). Suffolk County Department of Social Services, appellant, v. Mahmuda E. (Anonymous), et al., respondents.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for appellant. Laurette Mulry, Central Islip, N.Y. (John B. Belmonte of counsel), attorney for the child.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for appellant.
Laurette Mulry, Central Islip, N.Y. (John B. Belmonte of counsel), attorney for the child.
RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, ANGELA G. IANNACCI, JJ.
DECISION & ORDERIn a proceeding pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Suffolk County (Philip Goglas, J.), dated October 26, 2016. The order directed the temporary removal of the child Mahar E. pursuant to Family Court Act § 1022.ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The Suffolk County Department of Social Services (hereinafter DSS) appeals from an order dated October 26, 2016, which directed the temporary removal of the child Mahar E. pursuant to Family Court Act § 1022. That order, however, was superseded five days later by a removal order issued pursuant to Family Court Act § 1027, which DSS did not oppose, and from which no appeal was taken. Accordingly, DSS waived any issues with respect to the order appealed from. Moreover, the removal order pursuant to Family Court Act § 1027 rendered the appeal from the removal order pursuant to Family Court Act § 1022 academic (see Matter of Darlene L., 38 A.D.3d 552, 554, 831 N.Y.S.2d 500 ).
BALKIN, J.P., AUSTIN, SGROI and IANNACCI, JJ., concur.