Opinion
2012-02-2
In the Matter of KIMBERLY C. and Others, Alleged to be Neglected Children.Cortland County Department of Social Services, Respondent;Norman C., Appellant.
Samuel D. Castellino, Elmira, for appellant.
Before: PETERS, J.P., LAHTINEN, KAVANAGH, STEIN and GARRY, JJ.
LAHTINEN, J.
Appeal from an order of the Family Court of Cortland County (Ames, J.), entered October 13, 2010, which granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 8, to temporarily extend an order of protection.
Respondent appeals from an order temporarily extending an order of protection against him in favor of his three children (born in 1992, 1994 and 2000). Appellate counsel seeks to be relieved of his assignment, arguing that the appeal has been rendered moot and there are no nonfrivolous issues to be pursued on appeal. The record reflects that there have been further proceedings before Family Court rendering this appeal from the temporary order of protection moot. Accordingly, the appeal must be dismissed and there is no need to consider counsel's request to be relieved of his assignment ( see Matter of Stiles v. Baum, 78 A.D.3d 1383, 1383, 910 N.Y.S.2d 697 [2010]; Matter of Alexander K. [Jennifer N.], 77 A.D.3d 1023, 1024, 908 N.Y.S.2d 613 [2010]; Matter of Shalyse WW., 63 A.D.3d 1193, 1197, 879 N.Y.S.2d 644 [2009], lv. denied 13 N.Y.3d 704, 887 N.Y.S.2d 1, 915 N.E.2d 1179 [2009] ).
ORDERED that the appeal is dismissed, as moot, without costs.