2008 NY Int. 25

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This opinion is uncorrected and subject to revision before publication in the Official Reports.

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2008 NY Slip Op 01422

Decided on February 19, 2008

No. 75 SSM 40

Matter of Javier R. (Anonymous), A Dependent Child Under the Age of Eighteen Years, etc.,

and

Robert R., Appellant; Melinda R., Respondent; Administration for Children's Services, Respondent.

Submitted by Randall Carmel, for appellant.

Submitted by Scott Shorr, for respondent

Administration for Children's Services.

Submitted by John A. Newbery, law guardian.

On review of submissions pursuant to section 500.11 of the Rules, appeal dismissed, without costs. Under the circumstances of this case, the dismissal of the underlying neglect proceeding on consent subsequent to the Appellate Division order rendered the appeal to this Court moot. Thus, we do not have occasion to pass on the propriety of the Appellate Division determination. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided February 19, 2008