| Matter of Jaime S. v Enedina E. |
| 2006 NY Slip Op 06679 |
| Decided on September 22, 2006 |
| Appellate Division, Fourth Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on September 22, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, MARTOCHE, AND GREEN, JJ.
1029 CAF 05-02468
[*1]MATTER OF JAIME S. —————————————————————- MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, PETITIONER-APPELLANT;
and
ENEDINA E., RESPONDENT-RESPONDENT.
and
ENEDINA E., RESPONDENT-RESPONDENT.
Appeal from an order of the Family Court, Monroe County (Joan S. Kohout, J.), entered October 12, 2005 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, denied petitioner's motions seeking a finding pursuant to Family Court Act § 1039-b (a) that reasonable efforts to return the child to respondent are no longer required.
DANIEL M. DE LAUS, COUNTY ATTORNEY, ROCHESTER (JAMES M. PAULINO OF COUNSEL), FOR PETITIONER-APPELLANT.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (ERIC DOLAN OF COUNSEL), FOR RESPONDENT-RESPONDENT.
ARDETH L. HOUDE, LAW GUARDIAN, ROCHESTER, FOR JAIME S.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.
Memorandum: Inasmuch as respondent has surrendered the child who is the subject of this proceeding to petitioner, the appeal by petitioner from the order denying its motions pursuant to Family Court Act § 1039-b (a) is now moot.
Entered: September 22, 2006
Clerk of the Court