Matter of John S. v Monique S.
2006 NY Slip Op 00897
Decided on February 3, 2006
Appellate Division, Fourth Department
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: SCUDDER, J.P., KEHOE, MARTOCHE, SMITH, AND PINE, JJ.
MEMORANDUM AND ORDER

1562 CAF 05-00083

[*1]MATTER OF JOHN S. AND TIMIKA S. ————————————————-——— LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT;

and

MONIQUE S., RESPONDENT-APPELLANT.



Appeal from an order of the Family Court, Livingston County (Ronald A. Cicoria, J.), entered December 3, 2004 in a proceeding pursuant to Family Court Act article 10. The order directed the temporary removal of the children from their home and their placement in the custody of petitioner.


DAVID M. PARKS, ITHACA, FOR RESPONDENT-APPELLANT.
LAW OFFICE OF DENNIS S. COHEN, CALEDONIA (DENNIS S. COHEN OF COUNSEL), FOR PETITIONER-RESPONDENT.
WENDY S. SISSON, LAW GUARDIAN, LAKEVILLE, FOR JOHN S. AND TIMIKA S.



It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: The appeal from the temporary order entered December 3, 2004 directing removal of the subject children is dismissed because that order was superseded by an order of disposition entered April 25, 2005. "Inasmuch as a [further] order of disposition has been entered, any appeal from the temporary order of removal is moot" (Matter of Joyce SS., 245 AD2d 962, 962).
Entered: February 3, 2006
JoAnn M. Wahl
Clerk of the Court


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