MATTER OF KATELYNN B., TYLER B., AND ELIZABETH B.
Motion No: CAF 07-01672
Slip Opinion No: 2008 NYSlipOp 81335(U)
Decided on August 20, 2008
Appellate Division, Fourth 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.


August 20, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-01672
DOCKET NO. NA-00596-06/06A, NN-00597-06/06A, 598-06/06A

MATTER OF KATELYNN B., TYLER B., AND ELIZABETH B.



ONTARIO COUNTY DEPARTMENT OF SOCIAL SERVICES,

CHILD PROTECTIVE UNIT, PETITIONER-RESPONDENT;

MURRAY B., JR., RESPONDENT-APPELLANT.


Counsel for respondent-appellant having moved to dismiss the appeal taken herein from an order of the Family Court, Ontario County, entered in the Office of the Clerk of said Court on July 11, 2007,

Now, upon reading and filing the affidavit of Bruce A. Rosekrans, Esq., sworn to July 18, 2008, the notice of motion with proof of service thereof, the statement of

Thomas N. Martin, Esq., dated July 23, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed as moot.

Entered: August 20, 2008

JOANN M. WAHL, Clerk