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In re Francis S

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2009
67 A.D.3d 1442 (N.Y. App. Div. 2009)

Opinion

Nos. CAF 07-02690, CAF 08-00419.

November 13, 2009.

Appeals from an order of the Family Court, Onondaga County (Martha E. Mulroy, J.), entered January 15, 2008 in a proceeding pursuant to Family Court Act article 10. The order placed respondents' children in the custody of petitioner.

LINDA M. CAMPBELL, SYRACUSE, FOR RESPONDENT-APPELLANT JEREMY H.

CHRISTINE M. COOK, SYRACUSE, FOR RESPONDENT-APPELLANT WENDY H.

GORDON J. CUFFY, COUNTY ATTORNEY, SYRACUSE (SARA J. LANGAN OF COUNSEL), FOR PETITIONER-RESPONDENT.

SUSAN B. MARRIS, LAW GUARDIAN, MANLIUS, FOR FRANCIS S., TEQUILAROSE H. AND JESSEJAMES H.

Present: Scudder, P.J., Centra, Fahey, Green and Gorski, JJ.


It is hereby ordered that said appeals are unanimously dismissed without costs.

Memorandum: Respondent parents each appeal from an order that, inter alia, placed their children in the custody of petitioner. We dismiss the appeals as moot inasmuch as the order has since expired by its own terms and was superseded by an order entered in July 2008 following a permanency hearing ( see Matter of Giovanni K., 62 AD3d 1242, 1243, lv denied 12 NY3d 715). We conclude that the exception to the mootness doctrine does not apply herein ( see Matter of Sasha M., 43 AD3d 1401).


Summaries of

In re Francis S

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2009
67 A.D.3d 1442 (N.Y. App. Div. 2009)
Case details for

In re Francis S

Case Details

Full title:In the Matter of FRANCIS S. and Others, Infants. ONONDAGA COUNTY…

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

Date published: Nov 13, 2009

Citations

67 A.D.3d 1442 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8405
887 N.Y.S.2d 899

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