Opinion
2013-03-22
In the Matter of ALISSIA E.C. Erie County Department of Social Services, Petitioner–Respondent; Lisa M.E., Respondent, and Angelo B., Respondent–Appellant. (Appeal No. 1.)
Appeal from an order of the Family Court, Erie County (Lisa Bloch Rodwin, J.), entered December 29, 2011 in a proceeding pursuant to Family Court Act article 10. The order adjudged that respondent Angelo B. neglected the subject child. William D. Broderick, Jr., Elma, for Respondent–Appellant. *924Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
Appeal from an order of the Family Court, Erie County (Lisa Bloch Rodwin, J.), entered December 29, 2011 in a proceeding pursuant to Family Court Act article 10. The order adjudged that respondent Angelo B. neglected the subject child.
William D. Broderick, Jr., Elma, for Respondent–Appellant. *924Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
David C. Schopp, Attorney for the Child, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel), for Alissia E.C.
MEMORANDUM:
As limited by his brief, respondent father appeals from dispositional orders entered in these child neglect proceedings insofar as they bring up for review related orders of protection that were issued with respect to the subject children. We take judicial notice of the fact that, during the pendency of these appeals, Family Court vacated the relevant orders of protection and entered new orders of protection that will expire in November 2013 ( see generally Matter of Michael B., 80 N.Y.2d 299, 318, 590 N.Y.S.2d 60, 604 N.E.2d 122;Matter of Deamari W. [Howard W.], 83 A.D.3d 1489, 1489, 921 N.Y.S.2d 617). Because “[n]o appeal lies from a vacated ... order” (Matter of Niagara Mohawk Power Corp. v. Town of Tonawanda Assessor, 219 A.D.2d 883, 883, 632 N.Y.S.2d 53), we dismiss these consolidated appeals ( see generally Matter of Justeen T., 17 A.D.3d 1148, 1148, 793 N.Y.S.2d 844).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.