| Matter of Winona Pi. (Winona Pa.) |
| 2011 NY Slip Op 05813 [86 AD3d 542] |
| July 5, 2011 |
| Appellate Division, Second Department |
| In the Matter of Winona Pi. Suffolk County Department of SocialServices, Respondent; Winona Pa., Appellant. |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (Karin A. Bohrer of counsel), forrespondent. Diane B. Groom, Central Islip, N.Y., Attorney for the Child.
In a child protective proceeding pursuant to Family Court Act article 10, the mother appealsfrom (1) an order of fact-finding and disposition of the Family Court, Suffolk County (Quinn, J.),dated June 23, 2010, which, after fact-finding and dispositional hearings, found that sheneglected the subject child, released the subject child to the custody of the nonparty father, anddirected her to comply with an order of protection of the same court, also dated June 23, 2010,and (2) the order of protection dated June 23, 2010, which directed her to observe certainconditions until June 23, 2011.
Ordered that the appeals are dismissed as academic, without costs or disbursements.
The appeal from the order of fact-finding and disposition dated June 23, 2010, must bedismissed in light of an order of the Family Court, Suffolk County, dated November 10, 2010,entered in a related custody proceeding, which vacated all orders entered with respect to thisneglect proceeding. In addition, the appeal from the order of protection must also be dismissed inlight of an order of the Family Court, Suffolk County, dated September 27, 2010, which vacatedthat order of protection. This Court may, in general, take judicial notice of matters of publicrecord (see e.g. Hunter v New York, Ontario & W. R.R. Co., 116 NY 615, 621 [1889];Matter of Scuderi [Scuderi], 247 AD2d 393 [1998]; High v City of White Plains,227 AD2d 525 [1996]; Matter of Chasalow v Board of Assessors of County of Nassau,176 AD2d 800 [1991]). Since the order dated November 10, 2010, vacated the order which madea finding of neglect and awarded the father custody of the child, and the order dated September27, 2010, vacated the order of protection, the mother's appeals have been rendered academic.Dillon, J.P., Eng, Sgroi and Miller, JJ., concur.