IN RE: Anthony B.-A. (Anonymous). Suffolk County Department of Social Services (2011)

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

IN RE: Anthony B.-A. (Anonymous). Suffolk County Department of Social Services, respondent; Chandra B. (Anonymous), appellant.

2010–09249 (Docket No. NN–12843–06)

Decided: October 04, 2011

PETER B. SKELOS, J.P. THOMAS A. DICKERSON JOHN M. LEVENTHAL PLUMMER E. LOTT, JJ.

Susan A. DeNatale, Mastic, N.Y., for appellant. Christine Malafi, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent (no brief filed). Arshia Baseer, Central Islip, N.Y., attorney for the child.

Submitted—September 16, 2011

DECISION & ORDER

In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Suffolk County (Hoffmann, J.), dated July 29, 2010, which, after a permanency hearing, inter alia, continued placement of the subject child in the custody of the nonparty maternal grandmother.

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

The mother's appeal from the order dated July 29, 2010, which, among other things, continued placement of the subject child in the custody of the nonparty maternal grandmother, has been superseded by an order dated January 24, 2011, from which no appeal has been taken, and an order dated July 18, 2011, which, after a subsequent permanency hearing, reinstated custody of the subject child to the mother. Accordingly, the appeal must be dismissed as academic (see Matter of Joseph A. [Fausat O.], 78 AD3d 826; Matter of Herbert H. [Herbert A.H.], 70 AD3d 694; Matter of Aniyah Mc. [Ann Marie Mc.], 69 AD3d 729; Matter of Tishauna Patricia N. [Tee Tee Ann W.], 68 AD3d 1119).

SKELOS, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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