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In the Matter of Austin M. and Anna M. Oswego County Department of Social Services

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 10, 2011

IN THE MATTER OF AUSTIN M. AND ANNA M. OSWEGO COUNTY DEPARTMENT OF SOCIAL SERVICES,
PETITIONER-APPELLANT; AND SARAH H., RESPONDENT-RESPONDENT.
DALE M., INTERVENOR-RESPONDENT.

Appeal from an order of the Family Court, Oswego County (Kimberly M. Seager, J.), entered March 28, 2011 in a proceeding pursuant to Family Court Act article 10.

Matter of Austin M. v Sarah H.

Decided on November 10, 2011

Appellate Division, Fourth 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.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, GREEN, AND GORSKI, JJ.

The order, among other things, placed the subject children in the custody of Dale M.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 10, petitioner appeals from an order that placed the children with the intervenor herein, who is the father of the children at issue. Since the entry of the order on appeal, Family Court issued another order after a lengthy permanency hearing and again placed the children with their father. This appeal must therefore be dismissed as moot (see Matter of Stephon Elijah G., 63 AD3d 640; Matter of Destiny HH., 63 AD3d 1230, 1231, lv denied 13 NY3d 706; Matter of Julia R., 52 AD3d 1310, 1311, lv denied 11 NY3d 709).

Entered: November 10, 2011

Patricia L. Morgan Clerk of the Court

20111110

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