Appellate Division: Second Judicial Department

M59274

T/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

EDWARD D. CARNI, JJ.

2006-05964, 2006-10968 In the Matter of Justin G. (Anonymous). Administration for Children's Services, respondent; John T. (Anonymous), appellant. (Docket No. N-0594/06)

DECISION & ORDER ON MOTION

Motion by the Law Guardian for the subject child on appeals from two orders of the Family Court, Kings County, dated January 17, 2006, and November 2, 2006, respectively, to dismiss the appeals on the ground that they have been rendered academic by an order of the same court dated June 26, 2007, entered in a proceeding entitled Matter of Justin G. (Anonymous), under Docket No. B-05763/07. Separate application by the Law Guardian for the subject child to enlarge her time to serve and file a brief on the appeals in the event her motion is denied.

Upon the papers filed in support of the motion and the application and the papers filed in opposition and relation thereto, it is

ORDERED that on the court's own motion, the appeal from the order dated January 17, 2006, is dismissed, without costs or disbursements, as that order was superseded by the order dated November 2, 2006; and it is further,

ORDERED that the appeal from the order dated November 2, 2006, is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order (see CPLR 5511); and it is further,

ORDERED that the motion and the application are denied as academic in light of our determination.

CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court