| Matter of Alexander K. (Jennifer N.) |
| 2010 NY Slip Op 07280 [77 AD3d 1023] |
| October 14, 2010 |
| Appellate Division, Third Department |
| In the Matter of Alexander K. and Others, Neglected Children.Clinton County Department of Social Services, Respondent; Jennifer N.,Appellant. |
—[*1] Norbert A. Higgins, Binghamton, attorney for the child.
Malone Jr., J. Appeals from three orders of the Family Court of Clinton County (Lawliss, J.),entered May 16, 2008, which, among other things, in a proceeding pursuant to Family Ct Actarticle 10, extended the placement of respondent's children with a suitable relative.
By orders entered May 16, 2008, Family Court continued the placement of respondent's threechildren, all of whom the court previously had adjudicated to be neglected, with a suitablerelative pending a further hearing. Thereafter, in September 2008, respondent consented to threeorders awarding legal and physical custody of the children to their maternal grandmother andmaternal stepgrandfather in separate proceedings commenced pursuant to Family Ct Act article 6.In conjunction therewith, Family Court, by orders entered September 16, 2008, canceled thethen-pending permanency hearing and terminated all prior orders issued in the context of theneglect proceeding. These appeals ensued.
Respondent's counsel seeks to be relieved of her assignment upon the ground that there areno nonfrivolous issues to be pursued on appeal (see Anders v California, 386 US 738[1967]). The May 2008 placement orders—the only orders from which respondent hasappealed—have been rendered moot by the September 2008 consent orders awardingcustody of [*2]respondent's children to their maternalgrandparents (see Matter of Chelsea M.[Ernest M.], 68 AD3d 1489, 1489-1490 [2009]). As the underlying appeals are moot, weneed not address counsel's application to be relieved of her assignment (see id.; Matter of Lind v Sepulveda, 66 AD3d1087, 1087-1088 [2009]; Matter ofSenator NN., 21 AD3d 1187, 1188 [2005]).
Cardona, P.J., Peters, Rose and Stein, JJ., concur. Ordered that the appeals are dismissed, asmoot, without costs.