Matter of Brian K. (Margarita C.)

Appellate Division of the Supreme Court of New York

Matter of Brian K. (Margarita C.)

137 A.D.3d 1135, 26 N.Y.S.3d 876

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 23, 2016

Docket2015-05562

StatusPublished

This text of 137 A.D.3d 1135 (Matter of Brian K. (Margarita C.)) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Brian K. (Margarita C.), 137 A.D.3d 1135, 26 N.Y.S.3d 876 (N.Y. Ct. App. 2016).

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Opinion

Appeal from an order of disposition of the Family Court, Suffolk County (Richard Hoffman, J.), dated July 1, 2015. The order, after a hearing, inter alia, found that the father is a suitable resource for the subject children and granted his application for the return of the children to his custody until December 17, 2015.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The Suffolk County Department of Social Services appeals from an order of disposition which, among other things, found that the father is a suitable resource for the subject children and granted his application for the return of the children to his custody until December 17, 2015. The appeal has been rendered academic, since the order expired by its own terms on December 17, 2015, and the children have been returned to the custody of the mother. Therefore, any corrective measures which this Court might take would have no practical effect (see Matter of Ernest Y. v Orange County Dept. of Social Servs., 9 AD3d 411 [2004]).

Leventhal, J.P., Miller, Maltese and Duffy, JJ., concur.

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Appeal from an order of disposition of the Family Court, Suffolk County (Richard Hoffman, J.), dated July 1, 2015. The order, after a hearing, inter alia, found that the father is a suitable resource for the subject children and granted his application for the return of the children to his custody until December 17, 2015.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The Suffolk County Department of Social Services appeals from an order of disposition which, among other things, found that the father is a suitable resource for the subject children and granted his application for the return of the children to his custody until December 17, 2015. The appeal has been rendered academic, since the order expired by its own terms on December 17, 2015, and the children have been returned to the custody of the mother. Therefore, any corrective measures which this Court might take would have no practical effect (see Matter of Ernest Y. v Orange County Dept. of Social Servs., 9 AD3d 411 [2004]).

Leventhal, J.P., Miller, Maltese and Duffy, JJ., concur.

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Bluebook (online)

137 A.D.3d 1135, 26 N.Y.S.3d 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-brian-k-margarita-c-nyappdiv-2016.

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