MATTER OF JAVIER R. v. ROBERT R., 75 SSM 40 (N.Y. 2-19-2008)

2008 NY Slip Op 01422

MATTER OF JAVIER R. (ANONYMOUS), A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., v. ROBERT R., Appellant; MELINDA R., Respondent; ADMINISTRATION FOR CHILDREN’S SERVICES, Respondent.

75 SSM 40.Court of Appeals of the State of New York.
Decided on February 19, 2008.

Submitted by Randall Carmel, for appellant.

Submitted by Scott Shorr, for respondent

Administration for Children’s Services.

Submitted by John A. Newbery, law guardian.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

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.