IN RE: TRACEY ANN A. (Anonymous).

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

IN RE: TRACEY ANN A. (Anonymous). Administration for Children's Services, respondent; Hubert E. (Anonymous), appellant.  (Proceeding No. 1). In the Matter of Kenry Ann E. (Anonymous). Administration for Children's Services, respondent; Hubert E. (Anonymous), appellant.  (Proceeding No. 2).

Decided: October 25, 2004

SONDRA MILLER, J.P., DANIEL F. LUCIANO, STEPHEN G. CRANE, and PETER B. SKELOS, JJ. Jeffrey C. Bluth, Brooklyn, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent. Monica Drinane, New York, N.Y. (Susan Clement of counsel), Law Guardian for the children.

In two related child protective proceedings pursuant to Family Court Act article 10, Hubert E. appeals, as limited by his brief, from so much of an order of the Family Court, Kings County (Lerner, R.), dated September 17, 2003, as excluded him from proceedings regarding the extension of placement of the subject children.

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

Hubert E.'s contention that he was erroneously excluded from the proceeding under Family Court Act § 1055 has been rendered academic, because the term of placement ordered at that proceeding has expired (see Matter of Jessica DiB., 6 A.D.3d 533, 775 N.Y.S.2d 69;  Matter of Hannah H., 293 A.D.2d 540, 740 N.Y.S.2d 130).   In any event, Hubert E. was not entitled to participate in permanency hearings regarding the placement of Tracey Ann A. and Kenry Ann E. pursuant to Family Court Act § 1055-a.   This section applies to children, like Tracey Ann A. and Kenry Ann E., who have been freed for adoption (see Family Ct. Act §§ 1055-a[1][c] and 1055-a[2] ).   Unlike Family Court Act § 1055, proceedings under Family Court Act § 1055-a do not require notice to be served upon a “person responsible for the child's care,” such as Hubert E. (compare Family Ct. Act § 1055[b][iii] with Family Ct. Act 1055-a[4];  see also Family Ct. Act §§ 1012[a] and 1012[g] ).

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