IN RE: Tyhera H. (Anonymous). Administration for Children's Services (2010)

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

IN RE: Tyhera H. (Anonymous). Administration for Children's Services, appellant, Antoinette E.H. (Anonymous), et al., respondents.

2009-09916 (Docket No. N-16905-06)

Decided: October 12, 2010

A. GAIL PRUDENTI, P.J. DANIEL D. ANGIOLILLO ARIEL E. BELEN SANDRA L. SGROI, JJ.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Janet L. Zaleon of counsel), for appellant. Steven Banks, New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel), attorney for the child.

Argued-September 23, 2010

DECISION & ORDER

In an abuse proceeding pursuant to Family Court Act article 10, the petitioner appeals, as limited by its brief, from so much of an order of the Family Court, Queens County (McGowan, J.), dated October 21, 2009, as, after a hearing, directed it to pay the child's outstanding university room and board bill in the amount of $3,461.44 by October 28, 2009.

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

The issue raised on this appeal is academic. Contrary to the appellant's contention, the issue does not fall within an exception to the mootness doctrine (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715). Accordingly, we dismiss the appeal.

PRUDENTI, P.J., ANGIOLILLO, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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