Matter of Devika R. (Stone--Martielli)

Matter of Devika R. (Stone--Martielli) 2013 NY Slip Op 05575 Decided on August 7, 2013 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 August 7, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
SYLVIA HINDS-RADIX, JJ.
2012-10005
(Docket No. N-9647-11)

[*1]In the Matter of Devika R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; et al., respondent;

and

Jill C. Stone, et al., nonparty-appellants; Marina M. Martielli, nonparty-respondent.




Edelstein & Grossman, New York, N.Y. (Jonathan I. Edelstein of
counsel), for nonparty-appellants.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (James
G. Bernet of counsel), for petitioner-
respondent.
Marina M. Martielli, East Quogue, N.Y., attorney for the child,
nonparty-respondent pro se.


DECISION & ORDER

In a child protective proceeding pursuant to Family Court Act article 10, the nonparties Jill C. Stone and Jill C. Stone, Esq., P.C., appeal from an order of the Family Court, Suffolk County (Cheng, J.), dated September 11, 2012, which granted the motion of the attorney for the child to disqualify them as counsel for Neel S. in this proceeding.

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

The appellants contend that the Family Court improperly disqualified them as counsel for Neel S. in this proceeding. However, in light of the fact that the subject proceeding has been concluded, rendering this appeal academic (see Rivas v Raymond Schwartzberg & Assoc., PLLC, 52 AD3d 401, 402), and because the exception to the mootness doctrine does not apply (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715), the appeal must be dismissed.
MASTRO, J.P., LEVENTHAL, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court