Matter of Mahar E. (Mahmuda E.)
This text of 2018 NY Slip Op 2614 (Matter of Mahar E. (Mahmuda E.)) 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.
Opinion
| Matter of Mahar E. (Mahmuda E.) |
| 2018 NY Slip Op 02614 |
| Decided on April 18, 2018 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on April 18, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
ANGELA G. IANNACCI, JJ.
2016-11298
(Docket Nos. N-17786-16, N-17787-16)
Dennis M. Brown, County Attorney, Central Islip, NY (James G. Bernet of counsel), for appellant.
Laurette Mulry, Central Islip, NY (John B. Belmonte of counsel), attorney for the child.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Suffolk County (Philip Goglas, J.), dated October 26, 2016. The order directed the temporary removal of the child Mahar E. pursuant to Family Court Act § 1022.
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The Suffolk County Department of Social Services (hereinafter DSS) appeals from an order dated October 26, 2016, which directed the temporary removal of the child Mahar E. pursuant to Family Court Act § 1022. That order, however, was superseded five days later by a removal order issued pursuant to Family Court Act § 1027, which DSS did not oppose, and from which no appeal was taken. Accordingly, DSS waived any issues with respect to the order appealed from. Moreover, the removal order pursuant to Family Court Act § 1027 rendered the appeal from the removal order pursuant to Family Court Act § 1022 academic (see Matter of Darlene L., 38 AD3d 552, 554).
BALKIN, J.P., AUSTIN, SGROI and IANNACCI, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court
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2018 NY Slip Op 2614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-mahar-e-mahmuda-e-nyappdiv-2018.