Matter of Anthony C. (Juan C.)

Matter of Matter of Anthony C. (Juan C.) 2012 NY Slip Op 06806 Decided on October 10, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 10, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
2011-01774
(Docket Nos. N-968/11, N-982/11)

[*1]In the Matter of Anthony C. (Anonymous), appellant. Suffolk County Department of Social Services, petitioner-respondent;

and

Juan C. (Anonymous), respondent-respondent. (Proceeding No. 1)



In the Matter of Anthony C. (Anonymous), appellant. Suffolk County Department of Social Services, petitioner-respondent;

and

Maria . (Anonymous), respondent-respondent. (Proceeding No. 2)




Elizabeth M. Niemi, Amityville, N.Y., attorney for the child, the
appellant Anthony C.
Dennis M. Cohen, County Attorney, Central Islip, N.Y. (James
G. Bernet of counsel), for petitioner-
respondent.
Margaret Schaefler, Hauppauge, N.Y., for respondent-respondent
Juan C.
Arza R. Feldman, Uniondale, N.Y. (Steven Feldman of
counsel), for respondent-respondent Maria V.


DECISION & ORDER

In two related proceedings pursuant to Family Court Act article 10, Anthony C. appeals, as limited by his brief, from so much an order of the Family Court, Suffolk County (Loguercio, J.), dated January 21, 2011, as, without a hearing, directed that he be temporarily removed from the home during the pendency of the proceedings, pursuant to Family Court Act § 1027.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The appeal must be dismissed, since the portion of the order that is appealed from, which directed the temporary removal of the subject child pursuant to Family Court Act § 1027, has been rendered academic, in light of a subsequent permanency order dated October 17, 2011, continuing the placement of the child, and the orders of disposition dated November 1, 2011 (see Matter of Jovan W. v Ticarrah W.D., 92 AD3d 888, 889; Matter of Nicholas B., 26 AD3d 764; [*2]Matter of Jabarry W., 24 AD3d 218, 219; see also Matter of Javier R., 43 AD3d 1). Contrary to the appellant's contention, this matter does not warrant invoking the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714).
ENG, P.J., RIVERA, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court