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In the Matter of Jamela B

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 2006
28 A.D.3d 478 (N.Y. App. Div. 2006)

Opinion

2005-04270.

April 4, 2006.

In a child protective proceeding pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Westchester County (Schauer, R.), dated January 18, 2005, which, after a hearing, placed the subject child with the parents, Josephine S. and Mamadu B., in Connecticut and directed the petitioner to continue supervision of the subject child until October 10, 2005.

Charlene M. Indelicato, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Brendan J. McGrath of counsel), for appellant.

John De Chiaro, Larchmont, N.Y., for respondent Josephine S. (Anonymous).

Hal B. Greenwald, Yonkers, N.Y., for respondent Mamadu B. (Anonymous).

Darren DeUrso, White Plains, N.Y., Law Guardian for the child.

Before: Schmidt, J.P., Crane, Santucci and Rivera, JJ., concur.


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

The petitioner argues that the Family Court erred in placing the subject child with the parents in Connecticut without following the procedures specified in the Interstate Compact for the Placement of Children. However, this appeal has been rendered academic since the order appealed from has expired by its own terms and the petitioner is no longer responsible for supervision of the subject child ( see Social Services Law § 374-a, art V [a]; Matter of Anthony O., 8 AD3d 573). Contrary to the petitioner's contentions, this case does not present an exception to the mootness doctrine ( see Matter of Hearst Corp. v. Clyne, 50 NY2d 707, 714-715).


Summaries of

In the Matter of Jamela B

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 2006
28 A.D.3d 478 (N.Y. App. Div. 2006)
Case details for

In the Matter of Jamela B

Case Details

Full title:In the Matter of JAMELA B., an Infant. WESTCHESTER COUNTY DEPARTMENT OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 4, 2006

Citations

28 A.D.3d 478 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2537
811 N.Y.S.2d 579

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