| Matter of H. (Anonymous), Olivia; H. (Anonymous), Nathani |
| Motion No: 2005-02779 |
| Slip Opinion No: 2007 NYSlipOp 62477(U) |
| Decided on February 5, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M50343
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-02779 In the Matter of Olivia H. (Anonymous). Dutchess County Department of Social Services, respondent, v Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 1) In the Matter of Nathaniel H. (Anonymous). Dutchess County Department of Social Services, respondent, v Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 2) In the Matter of Maurice H. (Anonymous). Dutchess County Department of Social Services, respondent, v Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 3) In the Matter of Matthew H. (Anonymous). Dutchess County Department of Social Services, respondent, v Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 4) In the Matter of Autumn H. (Anonymous). Dutchess County Department of Social Services, respondent, v Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 5) In the Matter of Ayanna R. (Anonymous). Dutchess County Department of Social Services, respondent, v Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 6) (Docket Nos. N-00907-02, N-00909-02, N-00910-02, N-00911-02, N-00912-02, N-00913-02)
| DECISION & ORDER ON MOTION |
Appeal by Kelvin M. (Anonymous), Sr., from an order of the Family Court, Dutchess County, dated October February 24, 2005. The appeal was perfected on February 24, 2006, the respondent filed its brief on April 6, 2006, and the Law Guardian filed her brief on August 15, 2006. The appellant filed a reply brief on December 18, 2006.
On the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appeal abated upon the death of the appellant (see Matter of Mary Ellen C. v Joseph William C., 79 AD2d 1024).
MILLER, J.P., RITTER, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court