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IN RE: KIRK V. (2005)

Court of Appeals of New York.

IN RE: KIRK V., a Child Alleged to be Neglected.  Providencia V. et al., Respondents; Commissioner of the Administration for Children's Services, Appellant.

Decided: October 25, 2005

Michael A. Cardozo, Corporation Counsel, New York City (Suzanne K. Colt of counsel), for appellant. Lansner & Kubitschek, New York City (Carolyn A. Kubitschek of counsel), for Providencia V., respondent. Wendy Abels, New York City, for Ricardo V., respondent. Wolf, Block, Schorr and Solis-Cohen LLP, New York City (Kenneth G. Roberts and Jill L. Mandell of counsel), for Lawyers for Children, Inc., Law Guardian.

 OPINION OF THE COURT

The order of the Appellate Division should be reversed, without costs, and the matter remitted to that Court for consideration of the appeal.

 The incarceration of respondent parents' older son was not a change in circumstances rendering the appeal from the dismissal of the neglect petition moot.   Where “a judicial determination carries immediate, practical consequences for the parties, the controversy is not moot” (Saratoga County Chamber of Commerce v. Pataki, 100 N.Y.2d 801, 812, 766 N.Y.S.2d 654, 798 N.E.2d 1047 [2003] ).   The older child's incarceration did not affect the issue underlying the neglect petition-respondent parents' alleged failure to protect the younger child.   The outcome of the neglect petition carries potential consequences for respondent parents as well as the younger child (see e.g. Matter of Alijah C., 1 N.Y.3d 375, 774 N.Y.S.2d 483, 806 N.E.2d 491 [2004] ).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

MEMORANDUM.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

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IN RE: KIRK V. (2005)

Decided: October 25, 2005

Court: Court of Appeals of New York.

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