| MATTER OF LATOYA S. AND SAMON S. |
| Motion No: CAF 10-00982 |
| Slip Opinion No: 2010 NY Slip Op 72601(U) |
| Decided on May 24, 2010 |
| 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. |
PRESENT: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-00982
DOCKET NO. B-04240-41-01
| MATTER OF LATOYA S. AND SAMON S. ERIE COUNTY DEPARTMENT
OF SOCIAL SERVICES, PETITIONER-RESPONDENT; SABRINA S., RESPONDENT-APPELLANT. |
The attorney for the children having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on December 15, 2009,
Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated May 5, 2010, the notice of motion with proof of service thereof, the affirmation of William D. Broderick, Jr., Esq., dated May 12, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed on the ground that the appeal as to Samon S. is moot and the appeal as to Latoya S. will be rendered moot before it can be heard and determined, when Latoya reaches 18 years of age (see Matter of Anthony M., 56 AD3d 1124).
Entered: May 24, 2010
PATRICIA L. MORGAN, Clerk