Matter of Kirk V.

2005 NY Slip Op 07832

Decided on October 25, 2005

Court of Appeals

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

Decided on October 25, 2005
No. 191 SSM 23






Submitted by Suzanne K. Colt, for appellant.
Submitted by Carolyn A. Kubitschek, for respondent
Providencia V.
Submitted by Wendy Abels, for respondent Ricardo V.
Submitted by Kenneth G. Roberts, law guardian.


MEMORANDUM:

The order of the Appellate Division should be reversed, without costs, and the matter remitted to that court for consideration of the appeal.

The incarceration of respondent parents' older son was not a change in circumstances rendering the appeal from the dismissal of the neglect petition moot. Where "a judicial determination carries immediate, practical consequences for the parties, the controversy [*2]is not moot" (Saratoga County Chamber of Commerce, Inc. v Pataki, 100 NY2d 801, 812 [2003]). The older child's incarceration did not affect the issue underlying the neglect petition — respondent parents' alleged failure to protect the younger child. The outcome of the neglect petition carries potential consequences for respondent parents as well as the younger child (see e.g. Matter of Alijah C., 1 NY3d 375 [2004]).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order reversed, without costs, and matter remitted to the Appellate Division, First Department, for consideration of theappeal to that court, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Decided October 25, 2005