James B., Respondent-Appellant, et al., Respondent. v. << (2006)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of NICHOLAS B. Monroe County Department of Human and Health Services, Petitioner-Respondent; James B., Respondent-Appellant, et al., Respondent.

Decided: February 03, 2006

PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, GREEN, AND HAYES, JJ.

Edward J. Nowak, Public Defender, Rochester (Timothy P. Donaher of Counsel), for Respondent-Appellant. Daniel M. DeLaus, County Attorney, Rochester (Paul N. Humphrey of Counsel), for Petitioner-Respondent.

Respondent father appeals from an order denying his application for the return of his child pursuant to Family Court Act § 1028. The appeal must be dismissed as moot, however, in view of the fact that Family Court, upon consent of the parties, adjourned the matter in contemplation of dismissal of the underlying amended neglect petition (see generally Matter of Jabarry W., 24 A.D.3d 218, 804 N.Y.S.2d 922; Matter of Melody B., 234 A.D.2d 1005, 651 N.Y.S.2d 810, lv. dismissed 90 N.Y.2d 888, 661 N.Y.S.2d 832, 684 N.E.2d 282; Matter of Terrell H., 197 A.D.2d 372, 373, 603 N.Y.S.2d 737).

It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.

MEMORANDUM:

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